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Subject: Board won't share history of rule making with returning board member
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Author Messages


01/04/2021 12:03 AM  
I have recently started my second non-contiguous stint as a board member with our HOA. A number of rules and policies do not make sense to myself and numerous homeowners I have spoken with. I have asked the other board members for some background on these rules/policies (e.g. how they came to be the way they are) to help fill in the blanks in my knowledge base. Yet the other board members are less than forthcoming. What recourses do I have?


01/04/2021 4:20 AM  
Whoever makes the rules can amend them or make new rules. How are these rules made?

There would have to be motions made and passed at any board meeting to even set the hours at the pool, so your best bet is to look at previous minutes of the meeting. If you have a property manager then that person would know for sure.

If you want to change these, start introducing discussion at the board meeting. Get a discussion started on the agenda.That’s how things get changed.


01/04/2021 4:21 AM  
Where where these filed? Do you have the latest copy? I would look at the records of the filing of these records. Plus any notes that may exist in the archives. Is there a reason why you and the rest of the board can't change them?

Former HOA President


01/04/2021 6:08 AM  
As the Rules and Regulations were being updated, were you and the owners not informed what the Board was doing with the rules? I would first determine the process they used if you and the other owners were not informed of the rule changes as they were being made. Did the Board make these changes in secret? Were the rules changed to favor certain owners or Board members? Good luck in search for accurate information.


01/04/2021 8:10 AM  
So, Paul, these are new/different rules than those you fully understood during your first service as a director?

The HOA (or COA?) must have documentation, right?
(South Carolina)


01/04/2021 9:00 AM  

The Rules do not make sense or you do not like them? I doubt you will find much documentation of how/why the decisions were made. The BOD can change them so open up a discussion among the BOD if they make senses, should they be changed, or should they be eliminated.

Minutes are not word for word what was discussed. Typical Minutes will only show who made a Motion, who seconded the Motion, and how the BOD voted. There will, and should not be, any description of the discussions held.

Bring what you do not like or are confused about up for discussion and go from there.


01/04/2021 9:29 AM  

Creation of Rules is different in California than many other states. Board are the body that create rules, as long as they are reasonable and have some legal basis that are derived from the CCRs. Prior to voting to implement new rules they must be distributed to all owners who then have 28 days (used to be 30) to comment on the new rule(s). If any changes or additions are made, the process starts all over. Once a rules is adopted, the association has 15 days to re-dist=ibute the newly adopted rules.

Now I keep an excel spreadsheet of when rules were adopted, the minutes they were proposed and the minute they were adopted. I include the dates when documents were distributed to owners. The cover sheet of the rules will include when rules were created and when they were updated. Rules in California are not required to be recorded but they can. If an association does record them, the packet should also include the minutes in whech they were formally adopted for reference purposes.


01/04/2021 9:51 AM  
John77 is correct, Paul. A general notice of the proposed rule change must be posted. And owners have 28 days to comment. Then the board consider the rule change at its next open meeting. Ae you saying wars were never notified of the proposed changes?

Are you also saying there are no meeting minutes showing the rule changes? And are you also saying the proposed changes were never discussed at open board meetings?

How long were you off the Board?
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Forums > Homeowner Association > HOA Discussions > Board won't share history of rule making with returning board member

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