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Subject:  How to create Association rules and regulations
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RobertS17
(Florida)

Posts:52


02/17/2013 11:49 AM  
Our declaration states that the Association has the authority to create rules and regulations, however I haven't been able to find how to do that exactly.

For example:
"If vehicles will be routinely parked in front of any residence, other than for temporary guests, the owner shall follow reasonable regulations issued by the Association for the purpose of avoiding unsightly parking of an excess number of motor vehicles."

Do these rules and regulations require an affirmative vote of the majority of members in the Association or is it something the Board of Directors have the authority to create on their own? Any assistance is greatly appreciated.

Thank you.


CarolR11


Posts:0


02/17/2013 12:34 PM  
In our HOA, we members of the Board may make rules so long as they don't conflict with our CC&Rs or municipal or state laws. In CA, we are required to send out proposed rules for a 30-day period of Owner comment before we may vote to enact them (or not).

Your state may have similar legislation that protects homeowners from unreasonable rules.
RobertS17
(Florida)

Posts:52


02/17/2013 5:32 PM  
Thanks for the reply. Here is more information from the declaration.


ARTICLE I. DEFINITIONS
Section 1. "Association" shall mean and refer to xxxxxxxx, Inc., a Florida Corporation not-for-profit its successors and assigns.

ARTICLE IX. GENERAL PROVISIONS
Section 9. Rules and Regulations.
The Association has the right power and duty to establish rules and regulations for the maintenance and upkeep of the lots and common area.

So it sounds to me that the "Association" in this situation refers to the board, although input from the members would be good politics when establishing rules and regulations that affect all members as long as it doesn't violate their rights, any other portion of the governing documents, or Florida law.

Is this correct? I just want to double check before our annual meeting this week. We have enough to worry about without spreading false information for not properly understanding the governing documents.
JohnC46
(South Carolina)

Posts:8425


02/17/2013 6:20 PM  
I cannot speak to FL but in the other states where I have lived in associations, A BOD could make Rules and Regulations and did not have to pass them by fellow owners.

One thing to be careful of (and was mentioned) is that Rules and Regulations cannot override Covenants, Bylaws, laws, etc. This is where many BOD's get into trouble either via ignorance or trying to control things they should not nor cannot control. Controlling the pool hours is one issue. Trying to control who lives in your association is quite another issue.

Generally a smart and open BOD will try and notify owners and get their input before making any R&R's that could be consider controversial rather they try and slide them by.
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