Updating Rules & Regulations

Started by ReneeD • 2 replies • 2772 views

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ReneeD (Illinois)
Posts: 201

Posted:

At our last BOD meeting it was announced that they recently updated our Rules and Regulations and will be mailing it to homeowners for their review prior to its approval. Based on our Decs, homeowners must be given 30 days advance notice. It is also my understanding that our Rules & Regulations should be consistent with our Decs/Bylaws.
If there is a rule that is not in agreement with our Decs/ByLaws, can they still enforce it? Or, I'm sure, one that cannot be referenced within our Decs/ByLaws would be hard to enforce anyway, (which by the way is seriously outdated), our Decs/ByLaws would still supercede?
The way I see it the homeowners will have no "voice" in this decision process because the BOD will adopt these changes at their next, regular BOD meeting regardless if homeowners agree or not. And yet, the homeowners will be bound by these rules. What recourse would homeowners have at this point?
Some of our homeowners are unaware they even have a right to speak up; most of them---even now--if they do get fined, don't bother to contest/request a hearing because it will fall on "deaf ears" so to speak and the PM and BOD don't even understand 'due process'. IMO, I truly believe the BOD considers their fining process as a source of revenue. -ReneeD

MarnaR (California)
Posts: 27

Posted:

Renee,

Rules and regulations are the lowest rung of governing documents. This means that they may strengthen something mentioned in the CC&Rs, Bylaws or Articles of Incorporation, but they may not contradict them - the other governing documents are superior. Same goes for state and local law. Rules may make them stricter, but may not release homeowners from complying with them. That said, if your CCR's etc. are outdated, state law and local law trump those.

I don't know what state you're in and could only speak to CA law as far as recourse for homeowners. IF you are in CA, there is a recall process available to you, similar to that of recalling the board. In addition, in CA, the board CANNOT adopt rules without hearing input from homeowners. This doesn't mean that they can't disregard that input, but obviously, if there's enough outcry, that would be a stupid thing to do. I believe that KathyS has had experience with rule recall, and as a board member, I am going through the same thing right now - we are trying to recall rules that a prior board put into place that are arbitrary at best. If you're not in CA, check your state statutes governing HOAs, and possibly their corporations code.

Regarding your due process concern, there must be a policy in place that provides homeowners with same, and the board must follow it equally. That is of course, on paper. The community I live in has been plagued with unequal enforcement for years and the old guard is FINALLY gone. But it took a LOT of work on the behalf of a minority of homeowners. It can be done, though, and this may be your only realistic recourse. If that is the case, review your governing documents and do what you can to rally other homeowners to your cause. I'm happy to share our 'success' story with you if it comes to that.

Okay, I've gone on long enough! I hope some of this helps.

LouraS (<Not Specified>)
Posts: 9

Posted:

Renee:
As previously stated, Rules and Regulations may supplement, clarify, or add to the provisions in your Declarations or Bylaws. They however, can not contradict these documents. It is not uncommon to use Rules as a way to address things that were not even foreseeable or an issue when your Declaration was originally drafted. It is important to remember that while Rules are enforceable in the same manner as restrictions, they are subject to greater scrutiny by the courts and must be reasonable, fair, related to the purpose of the association, clear and unambiguous.

Loura Sanchez, Esq.
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Attorney Licensed in the State of Colorado
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