SwanB (Washington)
Posts: 199
Posts: 199
Posted:
Right off the bat the folks on this forum would probably say, follow your governing documents and see if you can make an amendment to change the Bylaw. What if the rule is in the CCRs and the changes of those aren't reflected in your governing document? Who is responsible for making those changes to outdated or unrealistic or unclear rules in the CCRs?
Here is a good example for the forum:
Our covenants (CCRs) state:
"Commercial and business activity, established as inadmissible"
Back in 1971 when the CCRs and Bylaws were written, the intent was to keep beauty salons, car repair shops, daycares, etc. from setting up businesses in our HOA. Now we have members who telecommute to their work places or run their businesses from their computers in their homes. We have members who are contractors. We have members who are independent real estate appraisers or home decorators.
The previous Boards have allowed all of these 'businesses or commercial activities' to occur. However they have used this part of the CCRs to limit and restrict property rentals, repeatedly. Very short sighted of them as far as I am concerned.
I believe this: be clear in your governing documents or don't put it in. Once you discover a lack of clarity, clean it up or get rid of it the way you are allowed to and quit hiding behind this 'intent of the original'.
Here is a good example for the forum:
Our covenants (CCRs) state:
"Commercial and business activity, established as inadmissible"
Back in 1971 when the CCRs and Bylaws were written, the intent was to keep beauty salons, car repair shops, daycares, etc. from setting up businesses in our HOA. Now we have members who telecommute to their work places or run their businesses from their computers in their homes. We have members who are contractors. We have members who are independent real estate appraisers or home decorators.
The previous Boards have allowed all of these 'businesses or commercial activities' to occur. However they have used this part of the CCRs to limit and restrict property rentals, repeatedly. Very short sighted of them as far as I am concerned.
I believe this: be clear in your governing documents or don't put it in. Once you discover a lack of clarity, clean it up or get rid of it the way you are allowed to and quit hiding behind this 'intent of the original'.