New Rule

Started by AllenB3 • 7 replies • 1231 views

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AllenB3 (Illinois)
Posts: 10

Posted:

Our board passed a rule last year stating no riding of bicycles, skateboarding, rollerblading, etc. on the common area of our complex. They also passed some other new rules last year, yet the Rules/Regs booklet has not been updated in years. Does the board need to issue a new rules/regs booklet after changing or adding rules. If so, how quickly after changing/adding a rule should the booklet be updated? Can new rules be enforced if it is not in the official booklet?

GeraldT4
Posts: 1,022

Posted:

AllenB3 - Please describe the type of community you live in. Is it town home, single-family, or both, is it 55 and older?

AllenB3 (Illinois)
Posts: 10

Posted:

It is a small condo complex with less than 50 units. The rule is to stop offenders from accessing city public sidewalks and streets via the small common area.

GeraldT4
Posts: 1,022

Posted:

AllenB3 - The merits, and fairness of a rule that bans bicycling and recreational activity aside, the rule book should be updated but not doing so does not negate the rule that was just passed. A simple notice to the entire community would be necessary and wise in the meantime.

AllenB3 (Illinois)
Posts: 10

Posted:

Thanks Gerald,
The rule is nuts and passed because Hitler was recreated and is our presiding HOA president. A group of us are interested in having him removed because we think we can get the majority to go along. Would we need a petition with signatures on one document? or can we send out individual letters to be returned with signature? (meaning signatures on many different pages). Our bylaws do not specify. I know I hijacked this thread, but it was mine to hijack...lol

JanP1 (Arizona)
Posts: 76

Posted:

In regards to the recall - do a search of the website, You will find you are not alone in that respect.

In Nevada our laws specify that notification be sent of any rule change (most associations don't update the whole book of rules, but send a letter with notice of the change) and that it will take affect 30 days after the date of the mailing. I know of some "very good associations" who do that and annually, with the budget, send out an updated rules and guideline book.

AllenB3 (Illinois)
Posts: 10

Posted:

Thanks Jan...

DonnaS (Tennessee)
Posts: 5,671

Posted:

Allen,

Actually, all that your Board needs to do is to print out an adendum sheet and send or deliver it to every resident. RULES CANNOT BE ENFORCED IF RESIDENTS DO NOT HAVE COPY OF THEM. That is the law.

How do your documents address rule changes? Are they strictly a duty of the Board to pass, is there a requirement for resident notification, proper time notification? This might help.

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