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Subject: Ex post facto
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Author Messages
LarryF7
(Arizona)

Posts:4


11/14/2018 2:10 PM  
When I moved into my new residence the storage of trash containers was permitted to the rear yard, to the garage or alongside the residence. This was spelled out as a Rule in the builders CC&Rs/Rules. Approximately one year later our neighborhood formed our own HOA and enacted our own Covenants and Rules. The 3 member Board enacted a more restrictive rule for the storage of trash containers removing the ability to place the containers alongside a residence with the thinking that they were ugly to the neighborhood.
Has the new Board overstepped their authority by enacting a Rule more restrictive than the one in place when I purchased my residence and abided by for a year??
KerryL1
(California)

Posts:6350


11/14/2018 3:33 PM  
First, Larry, exactly where is the developer's wording about trash storage: In the CC&Rs (declarations; covenants)? Or in perhaps in a different document called Rules or Rules & Regulations?

Welcome to the Forum.
MelissaP1
(Alabama)

Posts:8080


11/14/2018 3:37 PM  
Sure they can. You and your neighbors are the owners. You all can vote and decide the rules you want. Sounds like the majority wanted this new rule and got it. Your not in Kansas anymore...

Former HOA President
SheliaH
(Indiana)

Posts:2464


11/14/2018 3:41 PM  
If the developer was in charge at the time you moved in and the homeowners have now taken over the community, they can put in more restrictive rules - provided the rules have been changed according to the methodology spelled out in the CCRs. Many CCRs allow the board to set up additional rules as long as they don't contradict what's in the CCRs, but the homeowners can also vote to amend the CCRs - usually a certain percentage is required.

You need to read your documents again to see what it says about the board's authority to enact rules and CCR changes, then review board meeting minutes to see how this was done. When the homeowners took over, was there already talk of enacting certain rules, like this one? Did the board come up with this on its own or did a number of homeowners indicate it was a good idea? Asking for homeowner input is a good idea, even if the board can enact rules on its own.

If the process for adding rules was followed and most of your neighbors agree with this, you may have to live with this rule. Talk to some of them to see if there are others who are concerned about this - all of you should then attend the next board meeting and tell them how you feel and then go on from there.

Personally, I don't see this as a major restriction - what was going on in your community before this rule was enacted? If there were lots of people keeping piles of crap in and around the trash bins where people can see that from the street, I would agree this DOES make the community look trashy, so it may be a better idea to keep that out of sight. I don't see this as more restrictive - it would be one thing if the rule originally said put the bins along the side of the house and nowhere else, but the CCRs gave three options, so you still have two.
LarryF7
(Arizona)

Posts:4


11/14/2018 3:51 PM  
Specifically they appeared in a document entitled Community Rules and apply to residence located in earlier phases of our community. The builder of our phase, the most resent, adopted them for our community until we were able to form our HOA.
I was under the impression that HOA covenants & Rules were similar to a contract that if changed required the approval of both parties.
LarryF7
(Arizona)

Posts:4


11/14/2018 3:59 PM  
We lived under the builders Covenants & Rules for a year or so that permitted the storage of a container alongside the residence. When the residents formed their own Board the majority wanted containers out of sight and allowed for the use of blinds to do so. This has been the new rule for 12-15 months. Hard liners now want to abolish the use of blinds and restrict containers from the side of the homes.
KerryL1
(California)

Posts:6350


11/14/2018 5:33 PM  
If the old one was in the Community Rules, that is not the same as the Covenants. Rules usually can be changed by board of directors. Covenants, which are recorded in your state only by a vote of the members often with a high % needed to pass.

You must read each and look for HOW they can be amended.

I think you already have "an HOA." What you may not have yet is a board comprised of Owners. That is to ask, does the developer still control your HOA?
KerryL1
(California)

Posts:6350


11/14/2018 5:34 PM  
If the old one was in the Community Rules, that is not the same as the Covenants. Rules usually can be changed by board of directors. Covenants, which are recorded in your state and area actual deed restrictions, can only by a vote of the members often with a high % needed to pass.

You must read each and look for HOW they can be amended.

JohnC46
(South Carolina)

Posts:8267


11/15/2018 9:55 AM  
As Kerry said. Typically Rules & Regulations can be made and/or changed by the BOD alone.
LarryF7
(Arizona)

Posts:4


11/15/2018 2:40 PM  
Thanks JohnC & to all who replied😉
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