Posted:
HaroldS,
Notification requirements vary by state, so check your state civil codes. Since 2004, CA HOA boards have been required to inform their membership of any addition, amendment or deletion to the standing rules and regulations, are required to allow at least 30 days for homeowner feedback, and must communicate the final product to the membership within 15 days of the vote. In addition, the membership can much more easily overturn unpopular rules, following a procedure similar to that for a board recall (which would be covered in your bylaws). Prior to this, at least in the community where I've lived for the past 11 years, the board wasn't required to notify, and didn't. In fact, it was common practice to send out violation letters to homeowners before they received any notice that there was a new rule in place being violated.
As Rules and Regulations are part of your governing documents, failure to correct infractions are subject to fines and liens, and ultimately non-judicial foreclosure. To that end, it's worth making sure that you have all of the info on the governing documents in your community. In addition, if the rules are in conflict with any of the other governing documents or with state or local law, they are unenforceable. They can be more stringent than these documents or laws, but they cannot contradict.
Interestingly, in CA, escrow cannot close until the new homeowner signs a document stating that they have received their CC&Rs and Bylaws. I know that this regularly happens, but technically it shouldn't. Once a new homeowner signs a document stating that they have received these documents, they agree to be bound by them. I cannot imagine buying a home in an association without first reading the governing documents NOW. 11 years ago however, I did just that.
Ask your board and/or management company if there are rules and regulations for your community above and beyond the CC&Rs. If there are, request a copy. An aside, I find it really irritating when you're told that you're in violation and to check your CC&Rs, with no further detail. One of the first things we did as new board members was to let our management company know that if a violation letter needed to be sent, we wanted to see it first, since these letters supposedly go out at the board's direction, and that no letter was to go out without referencing the specific governing document and section applicable, as well as providing the pertinent text.
Okay, enough rambling. I hope this helps somewhat.