Covenants versus Rules and Regulations versus Architectural Standards

I am a senior citizen who recently purchased a home in a single family subdivision that has a HOA.

The subdivision has a recorded Declaration of Covenants. The HOA is incorporated as non-profit corporation. As such, it has Articles of Incorporation and By-laws. In addition to the Covenants, the HOA has a Rules and Regulations document and an Architectural Standards document.

I am trying to understand the "proper" or "normal" relationship between the various documents. In my mind, I would think that the recorded Covenants should list all the material restrictions on an owners use of his/her own property. The Rules and Regulations should cover use of the common areas and perhaps supply some clarification or additional detail concerning the covenants. The Architectural Standards should provide specific detail concerning building requirements of the covenants.

When I read the documents, I see that the Covenants specify a size for homes (square footage). The Architectural Standards specify this same minimum size for most lots, but require a larger size for certain lots. Is this "proper" or "normal"?

The Covenants do not restrict the use of driveways in any manner. The Architectural Standards prohibit outside storage of RV's, trailers, or boats. The Rules and Regulations state that commercial vehicles, vehicles over a certain size, boats, campers, trailers and othe such vehicles may be parked or stored only in enclosed garages. Is this "proper" or "normal"???

Thanks for the quick response JeffR7

I think that I know what you mean when you say that the role of the Architectural Standards document and the Rules and Regulations document is to "clarifY" the covenants. I'm not quite sure what you mean when you say that the Architectural Standards document and Rules and Regulations document could/should also "expand" the covenants.

Our covenants do not mention parking or storing vehicles of any kind on an owners property. The covenants require that driveways be "paved with a hard surface".

There is an Architectural Standard that prohibits the outside storage of RV's, trailers, and boats. There is also a rule that requires commercial vehicles, boats, trailers, campers etc. to be parked only in enclosed garages.

The Architectural Standard and the Rule do not appear to clarify any existing Covenant. However, they both seem to be attempts to expand the restrictions defined in the covenants. Is this "proper"? If the HOA sued a member for parking or storing a boat in his driveway, would the HOA be likely to win the suit?

Quite common on what type vehicles can be parked not only on ones property, but also in ones own driveway.

In one HOA I belonged to all homes had a 2 or more car garage and there was a restriction on parking commercial vehicles overnight in ones own driveway. They sent a violation notice to a fellow that parked his company commercial vehicle overnight in his driveway. Big signs on it so no mistakening it as such.

He appealed to the BOD by saying he understood such but was not a police car parked in a driveway also a commercial vehicle and the BOD should also address that issue as we had some police cars parked overnight in their driveways.

Care to guess what happened....LOL

I appologize for being persistent.

I think that I now have a fairly clear understanding of who has the authority to create and/or amend various documents.

In our subdivision, the Architectural Standards were created and approved by the Architectural Control Committee of the Board of Directors of the HOA. I can understand that the standards are enforceable when they relate to "architectural" matters. What I am questioning is whether specific standards that don't seem to relate to architectural matters are enforceable--especially when they don't seem to relate to any specific covenant either.

The Rules and Regulations in our subdivision were created and approved by the board of directors. I can understand that such rules are enforceable when they relate to the use of common areas and/or when they serve to "clarify" a specific covenant. What I am questioning is whether specific rules that don't seem to relate either to common areas or any specific covenant are enforceable.

I am aware that may subdivisions have covenants which restrict what may be parked or stored in a homeowner's driveway. Our covenants have never had such restriction. Modifying the covenants would require the approval of the owners of 70% of the lots, and would require some minimal expense to record the modifications. What I am trying to understand is whether the board of directors or a sub-committee of the board of directors can create an enforceable restriction without going through the process of obtaining lot owner approval to modify the covenants.

Tom, you are going to get different answers as I think many people on this board view the role of a Board of Directors differently and also apply various levels of control.

When I said "expand" in my first post I meant giving more detailed clarification. For example your CC&Rs might say "only approved type of trees might be planted". Your arc document might expand on that and list what trees are allowed. Same for house colors, for example. Rules and regulations work the same way.

My opinion that if your CC&Rs do not specify any parking limitation - they are not enforceable (unless of course they are in conflict with local laws and ordinances).

In order to limit what cars can be parked on property your CC&Rs would have to be amended. If, however, your CC&Rs said something like "no commercial vehicles might be parked on the property" it would be OK for your rules and regulation to define what it means.

Bottomline, it is very difficult to near impossible to write covenants that cover every single possible scenario that could ever come up. That is why they give the board some authority to adopt rules and regs, just depends on how yours are written.