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JoseS2
(California)
Posts:11
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| 07/05/2008 10:33 AM |
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Kirk I like some of your ideas about making our parking rule clear that is the whole intent. I also read many postings about what has to be my community and still have this to ask.If our board have told people what we think is the rule and they come back and challange the wording and so we try to change the amendment to include a certian vehicle. Which we did do but without intent to selective enforce which he claims. So we have a vote on an amendment But the members do not pass it. We voted as a board to do a revote but are told by the management company to just adopt it as a rule, so we sent our notice and had the meeting with input from membership. At the rule change meeting some were for the change some were against it. We did adopt the exact wording as the proposed amendment that did not pass but the board adopted it as a Rule and Regulation. So now we think we may have jumped the gun and may have to tweek it a little because it does not include company owned vehicles that members drive home Some concerns of the members is that if the member challanges it and goes to court as he said he will do, but we have seen nothing from any lawyer on his behalf, could he win even if we are doing what we think is in the best interest of the community?
I will show my board the suggestions of the rules on this post and see if we can fix this. |
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BrianB
(California)
Posts:1591
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| 07/05/2008 12:21 PM |
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i have to say, your lawyer MAY have been "right" in telling you that the board could simply institute the rule, but he wasn't "smart". You proposed a rule, and had a public debate and vote. the rule was rejected by the majority of the owners. Then, at the advice of a lawyer, the board went ahead and made the rule anyway?
perhaps perfectly legal, but a judge will tear it apart. it wasn't smart, and my advice is step back, let a cooling off period happen while you work on a new rule, and then get everyone together to look it over before adopting it. |
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JoseS2
(California)
Posts:11
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| 07/05/2008 12:45 PM |
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| I think that is a good idea to sit back and have a cooling off period. Actually at the meeting to pass the rule a member that has no party to this suggested to the board and the other members present that this be put on the back burner until the next board gets voted in and takes over in July. I agreed with it but the board voted to forego her suggestion and the rule was voted on and passed. I will also propose that the member in question be invited to sit in with us and give his imput on the new rules because as I have read in his postings he does make some very good points. I just hope its not to late and that we have not put our members in a bad position. I feel like I let down my homeowners. |
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MicheleD
(Kentucky)
Posts:1445
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| 07/05/2008 2:56 PM |
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I agree with Brian.
This new "rule" will most likely crumble apart under a judge's scrutiny, since the membership has already voted the provision down as an amendment.
To then call it a "rule" and put it into play anyway will not be looked upon kindly by the court system, is my guess.
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KirkW1
(Texas)
Posts:685
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| 07/07/2008 8:04 PM |
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First, lets make it clear that Jose said his management company said to simply pass a rule. I think the management company made a bad call. I also suggest you vote anyone besides those who charged forward for president next year.
Here is my view (in the for what it is worth category). By attempting to amend your CC&Rs, you essentially told your membership that you feel this is beyond the scope of the board and is in fact a CC&R issue. Further, since the CC&Rs already deal with the issue, unless they have some clause to rules and regs you are quite limited in the rules and regs department.
Further, your membership voted down your proposed change. If I were deciding the case, this very fact would not bode well for the board. In fact, it become painfully obvious that the board tried to circumvent the very premise of authority upon which it is founded. Once you put the issue up for a vote, you should ALWAYS accept the vote.
If you didn't want the input of your constituency, then you should not have sought it. To ignore the input is a very high form of arrogance. Hopefully the membership will realize this and vote accordingly. |
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JoseS2
(California)
Posts:11
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| 07/08/2008 4:27 PM |
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| We were not trying to offend or pick on anyone we were just trying to clarify that commercial vehicles are not the same as pickup trucks. I think we may have been wrong. 1. The law of the state says they are. and some of the pickups have company logos on them and even though the logos are really small, I guess when I rethink this a logo or signs are logs and signs no matter the size. I think I am going to resign on Sat at the meeting as I do not like the way the rest of the board will not let this go. I think there is room for learnig but when we have been called on the carpet and we do not let it go were screwed. |
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KirkW1
(Texas)
Posts:685
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| 07/08/2008 7:35 PM |
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Jose,
Generally if your documents provide a definition for a term, that is the definition that matters. And your definition can be either restrict or be more liberal then other places. Thus you could choose to define commercial vehicles as Hummers. Or you could say that any vehicle with green on it is commercial.
It can take some real thought when deciding how to define a commercial vehicle. But you may decide to phase it something like, "as defined by state law with the exception that pickup trucks with no signs or racks for tools." Now understand that your state law probably doesn't include a sedan with a huge logo on it. |
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