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Subject: Bylaws define
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Author Messages
GlenM4
(Tennessee)

Posts:139


04/12/2018 8:14 AM  
If we have a rule in the covendents can we define a word in that rule in the bylaws? I ask cause changeing bylaws is easier then changeing covendents.
KerryL1
(California)

Posts:5957


04/12/2018 8:51 AM  
Generally bylaws have a very different purpose than covenants. Often it's Rules & Regs that elaborate on items in the CC&Rs. Is this about "boats?"
GlenM4
(Tennessee)

Posts:139


04/12/2018 8:58 AM  
Boats and

Vehicles. No automobiles which are inoperable or being stored shall be repeatedly parked, kept, repaired or maintained on the street or lawn of any lot. Recreational vehicles, which include but are not limited to boats, trailers, campers and motor homes, may be stored or parked only in a garage, and shall at all times be kept in a clean and slightly condition.

Repeatedly is another
TimB4
(Virginia)

Posts:16050


04/12/2018 2:35 PM  
Actually, the Board can simply adopt a resolution defining the words.
No need to put it in the Bylaws.
No issue against putting it in the Bylaws either.

However, the proper method would be to add to, or create, the definition section of the CC&Rs and amend that document.
GenoS
(Florida)

Posts:2525


04/12/2018 5:38 PM  
I agree with Tim. Two years ago we had an issue with the definition of "roof". The HOA's attorney advised that the board could adopt any definition of "roof" that it wanted to use as long as it didn't conflict with anything in our governing documents. In our case it helped that the Florida Building Code doesn't define "roof" either. There's "roof deck" and "roof cover", but nothing specific that defines "roof".
BenA2
(Texas)

Posts:531


04/12/2018 5:41 PM  
Posted By GlenM4 on 04/12/2018 8:14 AM
If we have a rule in the covendents can we define a word in that rule in the bylaws? I ask cause changeing bylaws is easier then changeing covendents.



It depends on a couple of things. First, if you are just clarifying and not substantially adding to the CC&Rs then I think it is okay. Second, it depends on your state laws and court precedents. For example, in Texas, there is a rule that if the CC&Rs are ambiguous the court has to rule in favor of the free use of land so I don't think you could fix the ambiguity without changing the CC&Rs.

I agree with Kerry that the bylaws would not be the most appropriate document to do this. It should be in guidelines if you have them or rules and regs if that is what you use that document for. Our rules and regs only cover common areas.
JanetB2
(Colorado)

Posts:4166


04/13/2018 12:51 AM  
Posted By GlenM4 on 04/12/2018 8:14 AM
If we have a rule in the covendents can we define a word in that rule in the bylaws? I ask cause changeing bylaws is easier then changeing covendents.


I would contend NO. Reason ... CCR’s (a.k.a. Covenants) are attached to the property titles and as such would need the appropriate vote of all owner’s to change. The Bylaws are what only governs the Non-Profit Corporation and Board of Directors. Essentially one document is more to control the overall HOA (members) while the other is to control the Corporation (board).
SueW6
(Michigan)

Posts:360


04/16/2018 10:20 AM  
Bylaws "flesh out" the CCRs.

Rules "flesh out" the Bylaws.



KerryL1
(California)

Posts:5957


04/16/2018 11:21 AM  
Bylaws often do not "flesh out" the CC&Rs. The reason is that Bylaws normally are about the governing procedures of the HOA, e.g., how to do elections, qualifications for Board candidates (if any), the type of meetings that the Board or Members can hold, how to conduct recall elections, how many should be on the Board, how often the board should meet, whether board meetings are open to Members (Owners).

Rules & Regs "flesh out" the part of the CC&Rs. For instance, our CC&Rs say the Board can make Rules about parking and about Architectural Guidelines, although a lot of the latter is in our CC&Rs.
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