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Subject: Procedure
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Author Messages
BrendaC
(Georgia)

Posts:1


08/25/2006 8:03 PM  
New HOA, we are confussed. Does the entire Community vote on By-Laws once they are turned over from the builder? We are split, we understand that By-Laws are the BIBLE for the Board. But do they need to be voted on by the Community? or just made available for viewing?

Once Rules&Regulations are established does the entire Community vote on them also?

There is a difference of this procedure amoung the Board.
WilliamT
(Arizona)

Posts:489


08/26/2006 5:55 AM  
ByLaws and CC&R's are voted on by the community.

Rules are voted on by the Board.

You'll find more information regarding this subject on the forum. Do search on all three key words and you'll find a lot of material to read.

RogerB
(Colorado)

Posts:5067


08/26/2006 7:18 AM  
Brenda, how the Declaration, Articles, and By-laws can be amended should be defined in each document. Usually the Board can create and amend Rules and Regulations, this should be defined in the By-laws. The Developer creates the Declaration which is the association's key controlling document. The Developer can incorporate the association, create the Articles, create the By-laws, and appoint the initial Board members for the association.

By-laws exist before transition to a homeowner controlled Board so there is no vote by the homeowners' Board or the the homeowners. Either the By-laws state they can be amended by the Board or by the members present at a duly called members meeting. IMO it is a good idea to have members ratify amendments to the By-laws and the Rules whenever only Board approval is required. Each owner should have a copy of the By-laws, Declaration, and any Rules and Regulations plus amendments to them.

I do not consider the By-laws to be a BIBLE for the Board, if there is a bible it is the Declaration. By-laws define the organizational structure and operations of the association.

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