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Subject: How to change the CCR's?
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AdamL1
(Idaho)

Posts:120


08/19/2021 8:12 AM  
This is regarding my beekeeping topic that we've thoroughly hashed out. (note, I'd like to keep this on topic of voting, amending, rules, etc. If you'd like to argue about this being a nuisance, please do so on the other thread).
- CCR's do not 'ban' beekeeping. (beekeeping is not allowed unless it is not a nuisance)
- CCR's do not define beekeeping as a nuisance.
- CCR's point to City Code as a catchall for any other nuisances
- City Code does not define beekeeping as a nuisance and in fact has entire code section dedicated to how to do this activity appropriately.
- Summary: If beekeeping is not a nuisance, then it is allowed.


So our HOA board has now placed on the agenda for our annual meeting "Proposed Amendment to Allow Beekeeping"

I am curious what this actually means and how this might go down. As stated, currently this is not a 'banned' activity and thus is not something that needs to be allowed. Additionally, the board has not revealed any discussion topics, plans, or option to allow speakers.

Bylaws say: amended through majority of the members.

but, the bylaws also state that the BoD have Special Powers and Duties:
To adopt, amend, and repeal by majority vote of the Board of
Directors, rules and regulations as to the Corporation deemed reasonable and
necessary.

So what does this all mean? The CCR's discuss the rules (what's not allowed). So does this mean that the Board can just take a vote on their own to change the CCR's? No amendment? no community discussion or feedback?

What about the way it is worded in agenda? "proposed amendment to allow beekeeping" Does this mean they can also vote to not allow even though that's not what the agenda says?

It is interesting that the board has not had a meeting in 2.5 years, then wants to take a vote on this immediately before holding elections for a new board.
AugustinD


Posts:1920


08/19/2021 9:02 AM  
AdamL1, on this proposed (inappropriate) amendment, I think your options are to either hire an attorney; send a letter certified mail, return receipt requested stating that the proposed amendment is not appropriate (because having your objection on legal record is a good idea); or to ignore it.

If the amendment passes, great (and whatever, as you already have the right to keep bees as long as they are kept per city ordinance).

If the amendment does not pass, so what. The current Declaration et cetera say you have the right to keep bees.

The voting instructions must be very clear.

You really need an attorney.
AdamL1
(Idaho)

Posts:120


08/19/2021 9:33 AM  
Posted By AugustinD on 08/19/2021 9:02 AM
AdamL1, on this proposed (inappropriate) amendment, I think your options are to either hire an attorney; send a letter certified mail, return receipt requested stating that the proposed amendment is not appropriate (because having your objection on legal record is a good idea); or to ignore it.

If the amendment passes, great (and whatever, as you already have the right to keep bees as long as they are kept per city ordinance).

If the amendment does not pass, so what. The current Declaration et cetera say you have the right to keep bees.

The voting instructions must be very clear.

You really need an attorney.




thank you, but I guess my question is more about voting and changing 'rules'....can the board just vote to change the CCR's whenever or does something like this require a majority member vote?

I think if they call something an amendment, that is much more serious, but what if next week, the board decides to hold a board meeting and vote to change the CCR's without member vote?
AugustinD


Posts:1920


08/19/2021 9:47 AM  
Posted By AdamL1 on 08/19/2021 9:33 AM

I think if they call something an amendment, that is much more serious, but what if next week, the board decides to hold a board meeting and vote to change the CCR's without member vote?
What do your CC&Rs say about amending the CC&Rs? Chances are an owners vote is required to do so. If the board does not conduct an owners vote, and amends the CC&Rs anyway, then the first step, again, is to submit a complaint to the HOA (cert mail, return receipt requested). If there is an unsatisfactory response, then one elevates the complaint to a "demand letter," essentially threatening suit if the board does not correct its violation. Then you get an attorney.
SheliaH
(Indiana)

Posts:4291


08/19/2021 10:01 AM  
What Augustin said - you REALLY need an attorney, who might want to start by reviewing your documents with you so you'll understand exactly what they do and how it's supposed to be done (which you should have done BEFORE buying your home and again when you pondered getting your beehive, but better late than never).

Right now, this is a PROPOSED amendment, so I would think there will be a discussion on beekeeping and if/how the CCRs could (1) be made more specific as to whether they're allowed or not, (2) if the City Code should be adopted as community rules (that is, if the city code says X is considered a nuisance, X will also be considered a nuisance in your community). To have a productive conversation, I would hope both board members and residents would be permitted to speak on the issue. I don't know if a decision will be made at the meeting - there still has to be a formal vote and you don't say what comprises the majority of the members (that's somewhere in your Bylaws - go back and read them).

I doubt if there would be enough people at the meeting to approve or disapprove the proposal, and even if there were, I don't think it's a good idea to make a decision on any CCR amendment on a dime. In this case, some of your neighbors might have questions about beekeeping in general, some won't care one way or another, some (like you) may be all for permitting beekeeping, and the rest might be opposed because they're afraid of bees or are allergic.

I know you've had run-ins with your boards about this beekeeping business, so it seems to me if you really want to keep your have, now is the time to start educating people on the issue. Perhaps homeowners and/or a majority of board members might be prompted to delay a vote until more information is gathered and people can make an informed decision. In fact, why not review this article and consider putting together some information for the board for them to review - https://www.perfectbee.com/learn-about-bees/about-beekeeping/growth-of-urban-beekeeping If you can get the vote delayed, maybe you can persuade everyone to hold a special homeowner's meeting at a later date to discuss the issue in more detail - this way this won't monopolize the rest of the agenda - like electing board members.
AdamL1
(Idaho)

Posts:120


08/19/2021 10:13 AM  
Posted By AugustinD on 08/19/2021 9:47 AM
Posted By AdamL1 on 08/19/2021 9:33 AM

I think if they call something an amendment, that is much more serious, but what if next week, the board decides to hold a board meeting and vote to change the CCR's without member vote?
What do your CC&Rs say about amending the CC&Rs? Chances are an owners vote is required to do so. If the board does not conduct an owners vote, and amends the CC&Rs anyway, then the first step, again, is to submit a complaint to the HOA (cert mail, return receipt requested). If there is an unsatisfactory response, then one elevates the complaint to a "demand letter," essentially threatening suit if the board does not correct its violation. Then you get an attorney.





Bylaws, Article 7: Amendments to the Bylaws
These Bylaws may be amended by the Corporation at an annual meeting or at
a duly constituted meeting of the Corporation for such purpose as provided in the
Articles of Incorporation. No amendment to these Bylaws shall take effect unless
approved by at least a Majority of Members or such other percentage as herein
otherwise provided.


CCR, Article XIII: Miscellaneous, 13.4 Amendment
13.4.1 By Grantor --> not applicable anymore
13.4.2 By Owners
Except where a greater percentage is required by
express provision in this Master Declaration, the provisions of this Master
Declaration, other than this Article XIII, any amendment shall be by an
instrument in writing signed and acknowledged by the presidentand secretary
of the Master Association certifying and attesting that such amendment has
been approved by the votd or written consent of Owners representing more
than fifty percent (50%) of the votes in the Master Association, and such
amendment shall be effective upon its recordation with the Ada County
Recorder. Any amendment to this Article XIII shall require the vote or
written consent of Members holding ninety-five percent (95%) of the voting
power of the Master Association.

-----------------------

but then the CCR's say:
5.5, Power & Duties
5.5.1.4, Association Rules
The power to adopt, amend and
repeal by majority vote of the Board such rules and regulations as the
Master Association deems reasonable.
-------------------------------------

I'm not sure what this means really.....can the board just vote to change the CCR's within their secret round table?
JohnC46
(South Carolina)

Posts:11665


08/19/2021 10:13 AM  
I agree with what Shelia said:

I doubt if there would be enough people at the meeting to approve or disapprove the proposal, and even if there were, I don't think it's a good idea to make a decision on any CCR amendment on a dime. In this case, some of your neighbors might have questions about beekeeping in general, some won't care one way or another, some (like you) may be all for permitting beekeeping, and the rest might be opposed because they're afraid of bees or are allergic.
MaxB4
(California)

Posts:1601


08/19/2021 10:18 AM  
What it means is that you need 95% approval to lower the approval process of the CCRs.

You can change all the CCRs with approval of more than 50% of the voting membership, but if you ever wanted to lower the approval to below the more than 50%, you need an approval of 95% of members.
JohnC46
(South Carolina)

Posts:11665


08/19/2021 10:19 AM  
Adam

You seem pretty far into this and you are still confusing or not understanding the difference between a Rule and Amendment. The BOD alone can make Rules & Regulations to clarify but not override Covenants and Bylaws. Covenant and/or Bylaw Amendment typically require a majority OF ALL OWNERS APPROVING to change.
AdamL1
(Idaho)

Posts:120


08/19/2021 10:21 AM  
Posted By SheliaH on 08/19/2021 10:01 AM
To have a productive conversation, I would hope both board members and residents would be permitted to speak on the issue.




yep, one would hope, however, the current board has already stated they will not allow any discussion or input from the membership.

Posted By SheliaH on 08/19/2021 10:01 AM
Perhaps homeowners and/or a majority of board members might be prompted to delay a vote until more information is gathered and people can make an informed decision.




one can dream....however the board is deadset on shutting down any opposition discussion.

Posted By SheliaH on 08/19/2021 10:01 AM
If you can get the vote delayed, maybe you can persuade everyone to hold a special homeowner's meeting at a later date to discuss the issue in more detail - this way this won't monopolize the rest of the agenda - like electing board members.




Agreed, and this is something we initially tried discussing with the board, however, we were met with threats, deadlines, nastygrams, and now a sudden Agenda topic with no option for member input.
AdamL1
(Idaho)

Posts:120


08/19/2021 10:26 AM  
Posted By JohnC46 on 08/19/2021 10:19 AM
Adam

You seem pretty far into this and you are still confusing or not understanding the difference between a Rule and Amendment. The BOD alone can make Rules & Regulations to clarify but not override Covenants and Bylaws. Covenant and/or Bylaw Amendment typically require a majority OF ALL OWNERS APPROVING to change.




Thank you for your input but I think maybe you are mischaracterizing my question. I am not asking about majority vote for amendments or difference between rules and amendments.

I'm asking if its correct interpretation that the Board (without member vote) can change (adopt/amend/repeal) rules and regulations, meaning CCR's?
AugustinD


Posts:1920


08/19/2021 10:29 AM  
Thank you for quoting the amendments sections.

It would be best to also review what the Articles of Incorporation say on amending. For now, assuming the Articles of Incorp say no different:

Amendments to either the Bylaws or the CCRs require a vote of the owners. The board by itself may not amend these documents.

Furthermore, the requirement to amend the CCRs is that more than 50% of owners vote in favor of the amendment. If the annual meeting does not have 50+% of the owners present in person or by proxy, then it's not even mathematically possible to amend the covenants.

Third, "Association Rules" has an exact meaning in HOA lexicon. These are rules that the Board has the right to enact pursuant to the board powers the Bylaws, CC&Rs and Articles of Incorporation may allow. Such rules must not exceed any bylaw, covenant or article of incorporation provision.

The reason I keep saying, "You need an attorney" is because what you are reading here from others and me reflects years of study of covenants, bylaws, et cetera and often, the wisdom or opinions of bona fide HOA/COA attorneys (as relayed to HOA/COA directors, who then often post here what their HOA/COA attorneys have said.). It takes experience to parse them quickly. As a pedagogical matter, no one can absorb all the legalities being conveyed here in one or two sittings.
AdamL1
(Idaho)

Posts:120


08/19/2021 10:35 AM  
Articles of Incorp, ARTICLE XI, BYLAWS
The Bylaws of this Corporation may be altered, amended, or new Bylaws
adopted at any regular meeting, or any special meeting of the Corporation called for
that purpose, by the affirmative votes of a majority of each class of Members.

Articles of Incorp, ARTICLE XIII, AMENDMENTS
Amendments to the Articles of Incorporation [unlegible] less than three-fourths (3/4) of each class of Members
----------------------------------------

I guess I'm stuck and confused about the "powers and Duties" of the Board to change the rules through vote of the board. Does this mean they can just change the CCR's willy nilly, not really calling it an official amendment?

AdamL1
(Idaho)

Posts:120


08/19/2021 10:38 AM  
Posted By AugustinD on 08/19/2021 10:29 AM


Third, "Association Rules" has an exact meaning in HOA lexicon. These are rules that the Board has the right to enact pursuant to the board powers the Bylaws, CC&Rs and Articles of Incorporation may allow. Such rules must not exceed any bylaw, covenant or article of incorporation provision.




ahh, perfect. I think this is the decoder ring I was asking about. The board has the power to privately edit "Association Rules" is something totally separate and below hierarchy than the CCR's. The CCR's might have a paragraph saying "the board can make rules about parking as they see fit."

But if the board wants to actually edit the CCR's (Rules, same 'name'), then that means an actual amendment.

got it.
AugustinD


Posts:1920


08/19/2021 10:44 AM  
Posted By AdamL1 on 08/19/2021 10:35 AM

I guess I'm stuck and confused about the "powers and Duties" of the Board to change the rules through vote of the board. Does this mean they can just change the CCR's willy nilly, not really calling it an official amendment?
In the HOA world, a "rule" is legally very different from a CCR (also known as "a covenant"). The CC&Rs are legally powerful, because per the courts across the nations, CC&Rs are a contract between the HOA and owners.

"Rules" are made by a Board. They are not as legally powerful. In fact, if a Board creates a rule that does not have "authority" from the covenants, then the courts will not enforce the rule.

If you read your Bylaws and CC&Rs carefully, most likely you will find a section that says the board can create reasonable rules.

You are getting the benefit of over 12 years of reading covenants, bylaws, rules and regs of different COAs/HOAs and a helluva lot of case law concerning the same. It's going to take some time for this to sink in.

I think you should focus on getting elected tonight. Don't worry about this proposed amendment right now.

Thanks for quoting the Articles of Incorp re amending the Bylaws.
TimB4
(Tennessee)

Posts:17852


08/19/2021 10:47 AM  
Posted By AdamL1 on 08/19/2021 10:35 AM

I guess I'm stuck and confused about the "powers and Duties" of the Board to change the rules through vote of the board. Does this mean they can just change the CCR's willy nilly, not really calling it an official amendment?





Perhaps this will help:

CC&Rs are deed restrictions and amended by the membership (typically 2/3 or greater). They apply restrictions to individual property and establish the general powers and reprehensibility of the Association.

Bylaws establish the procedures to run the Association. Are typically in alignment with applicable corporate laws and may or may not require membership approval to amend. Per your citation - your Bylaws require membership approval.

Articles of Incorporation is the document required by the State to establish the Association as a legal entity. Typically, these restate the purpose of the Association and tend to echo the bylaws but are often not as specific as the bylaws. Per your citation, membership approval is required to amend the Articles of incorporation.

Resolutions are formal decisions adopted by the board. The most typical resolution are architectural guidelines and rules/regulations for common areas. These may be adopted, amended or abolished at the boards discretion. No membership approval is required.


AugustinD


Posts:1920


08/19/2021 10:47 AM  
Posted By AdamL1 on 08/19/2021 10:38 AM
Posted By AugustinD on 08/19/2021 10:29 AMThe board has the power to privately edit "Association Rules" is something totally separate and below hierarchy than the CCR's. The CCR's might have a paragraph saying "the board can make rules about parking as they see fit."

But if the board wants to actually edit the CCR's (Rules, same 'name'), then that means an actual amendment.
Except for the "privately" part, correct. Furthermore, "hierarchy" is one of the words used frequently in the HOA world to explain this. You got it.

I am not sure what you mean by "privately." The Board has the power to create certain, reasonable rules concerning yada yada. When creating such a rule, the Board should give proper notice of its creation, or a court might tell the Board/HOA to stuff it.
TimB4
(Tennessee)

Posts:17852


08/19/2021 10:50 AM  
I see that Aug was faster at typing then I was.

Posted By AdamL1 on 08/19/2021 10:38 AM

But if the board wants to actually edit the CCR's (Rules, same 'name'), then that means an actual amendment.




Keep in mind, the Board can use a resolution to clarify a covenant (or anything in a higher precedent document).


For example: The board may use a resolution to identify what they consider a nuisance or to establish a policy on what procedure to follow for delinquent accounts.
AdamL1
(Idaho)

Posts:120


08/19/2021 10:51 AM  
Posted By AugustinD on 08/19/2021 10:44 AM


If you read your Bylaws and CC&Rs carefully, most likely you will find a section that says the board can create reasonable rules.





perfect. These are the pointers I need to spring board and do my own education.

Article 4, Board of directors
Section 4.3, Special Powers and Duties
(k)To adopt, amend, and repeal by majority vote of the Board of
Directors, rules and regulations as to the Corporation deemed reasonable and
necessary.
MaxB4
(California)

Posts:1601


08/19/2021 10:52 AM  
Posted By TimB4 on 08/19/2021 10:47 AM
Posted By AdamL1 on 08/19/2021 10:35 AM

I guess I'm stuck and confused about the "powers and Duties" of the Board to change the rules through vote of the board. Does this mean they can just change the CCR's willy nilly, not really calling it an official amendment?





Perhaps this will help:

CC&Rs are deed restrictions and amended by the membership (typically 2/3 or greater). They apply restrictions to individual property and establish the general powers and reprehensibility of the Association.

Bylaws establish the procedures to run the Association. Are typically in alignment with applicable corporate laws and may or may not require membership approval to amend. Per your citation - your Bylaws require membership approval.

Articles of Incorporation is the document required by the State to establish the Association as a legal entity. Typically, these restate the purpose of the Association and tend to echo the bylaws but are often not as specific as the bylaws. Per your citation, membership approval is required to amend the Articles of incorporation.

Resolutions are formal decisions adopted by the board. The most typical resolution are architectural guidelines and rules/regulations for common areas. These may be adopted, amended or abolished at the boards discretion. No membership approval is required.





Tim


Do you over 12 years of reading covenants, bylaws, rules and regs of different COAs/HOAs and a helluva lot of case law concerning the same?
AugustinD


Posts:1920


08/19/2021 10:54 AM  
Posted By TimB4 on 08/19/2021 10:47 AM
Posted By AdamL1 on 08/19/2021 10:35 AM
CC&Rs are deed restrictions and amended by the membership (typically 2/3 or greater). They apply restrictions to individual property and establish the general powers and reprehensibility of the Association.
"reprehensibility"? I think TimB4 meant "responsibilities." Though the post-o got a laugh from me.

Resolutions are formal decisions adopted by the board. The most typical resolution are architectural guidelines and rules/regulations for common areas. These may be adopted, amended or abolished at the boards discretion. No membership approval is required.
I am fine with a board creating reasonable rules as allowed by the CC&Rs or Bylaws. But in my experience, Bylaws and CC&Rs may have specific sections on what type of resolutions a board may pass.

I believe boards should tread softly when it comes to "resolutions." If it's really a rule the board is seeking, then do not create a resolution. If the Bylaws and CC&Rs specifically limit resolutions to certain matters, then a board should not create resolutions outside these matters.

Thanks for jumping in TimB4. Always good to have your thoughts.
SheliaH
(Indiana)

Posts:4291


08/19/2021 10:54 AM  
You only quoted a piece of your bylaws – what comes before “amended through the majority of the members?” I’m betting it’s the Bylaws and CCRs, which AREN’T the same as rules and regulations deemed reasonable and necessary by the board, so I agree with John.

You said your CCRs don’t specifically state beekeeping is or isn’t a nuisance, so this discussion at the annual meeting is to ponder if the CCRs should be amended to state beekeeping is a nuisance or adopt the city code that defines nuisances. If that happens and beekeeping isn’t considered a nuisance, the association probably wouldn’t be able to ban hives in your community.

However, the bylaws also say the board has the authority to enact rules and regulations, which is usually done to flesh out the CCRS. If the homeowners did adopt the city code, you might be able to keep the bees, but the board would be within its rights to require things related to the hive, such as limiting ownership to one hive. Remember, the board still has to be sensitive to people who might be allergic or have some sort of phobia (something you still don’t seem to want to acknowledge). Maybe limiting the number of hives would help reduce the possibility of being stung. I don’t know how accurate Wikipedia is about this, but it’s said bees travel for up to 2 miles (sometimes a little more) from the hive to collect pollen and whatever else they do to create honey).

You can go around and around with us on this, but the fact is, we don’t live in your community and ultimately, this may end up before someone’s attorney (the association’s or yours, probably both), so if you want a useful answer, get out your checkbook for the legal fee and call the man (or woman).

Meanwhile, you might want to stop with emotional language like “the board is deadset on shutting down any opposition discussion” You may be right, but the correct response is to get a considerable number of homeowners on your side – they’re the ones who elect and re-elect the board, remember? That’s not going to help you educate the homeowners, who will also vote on amending the CCRs – and since you mentioned “we,” why aren’t you getting together with THEM to come up with a plan to address this at the meeting? I would suggest someone other than you – the board may not be listening to you anymore, but may find someone more reasonable (whatever that means).

And you STILL need to educate the homeowners – if enough of them can be persuaded to vote no or at least push for more study on the issue, that will take care of the proposal for now. Maybe there needs to be a special committee that can review the matter in more detail, educate everyone and then there can be a vote. If you win, great, if not, well, you don’t always get what you want – it’s called democracy.
Get to work and good luck in whatever you choose to do.
AdamL1
(Idaho)

Posts:120


08/19/2021 10:54 AM  
Posted By TimB4 on 08/19/2021 10:50 AM

Keep in mind, the Board can use a resolution to clarify a covenant (or anything in a higher precedent document).


For example: The board may use a resolution to identify what they consider a nuisance or to establish a policy on what procedure to follow for delinquent accounts.




I think this is an interesting topic. Our CCR's are explicit in what it defines as a nuisance (sights, smells, sounds) and then references City Code for anything else. I don't think its correct to think a resolution to pass to create a novel definition of nuisance is valid.
TimB4
(Tennessee)

Posts:17852


08/19/2021 10:55 AM  
Max,

I don't understand your question.

I simply provided generalities of what the documents provide.
Do you disagree with those statements?
If so, which ones and why?
AugustinD


Posts:1920


08/19/2021 10:59 AM  
Posted By AdamL1 on 08/19/2021 10:51 AM
Posted By AugustinD on 08/19/2021 10:44 AM


If you read your Bylaws and CC&Rs carefully, most likely you will find a section that says the board can create reasonable rules.





perfect. These are the pointers I need to spring board and do my own education.

Article 4, Board of directors
Section 4.3, Special Powers and Duties
(k)To adopt, amend, and repeal by majority vote of the Board of
Directors, rules and regulations as to the Corporation deemed reasonable and
necessary.
Just saying: The bad part is that your HOA's board may have no clue that a rule cannot be a de facto amendment to the covenants or bylaws.

Many unsophisticated boards nationwide create rules that are such a de facto amendment (to the Bylaws or covenants). Once in awhile the board gets hauled to court for this and gets slammed.

You're doing right running for the board. Because obviously, your HOA's incumbent directors do not have the good sense to either use the HOA attorney to get educated or come here and ply the forum with good questions, roll up their shirtsleeves, refine the questions as needed, and come to an understanding.
AugustinD


Posts:1920


08/19/2021 11:03 AM  
Posted By AdamL1 on 08/19/2021 10:54 AM
I think this is an interesting topic. Our CCR's are explicit in what it defines as a nuisance [redacted for accuracy, in Aug's opinion] and then references City Code for anything else. I don't think its correct to think a resolution to pass to create a novel definition of nuisance is valid.
I agree.

I remain firm (in my long labored over position) that as long as your beekeeping meets city code, then because the CC&Rs reference city code on nuisances, you are not violating the HOA's covenants.
MaxB4
(California)

Posts:1601


08/19/2021 11:04 AM  
Posted By TimB4 on 08/19/2021 10:55 AM
Max,

I don't understand your question.

I simply provided generalities of what the documents provide.
Do you disagree with those statements?
If so, which ones and why?



It was a sarcastic remark directed to HOATALK's anointed legal scholar.
TimB4
(Tennessee)

Posts:17852


08/19/2021 11:06 AM  
As long as it made you feel better.

Too bad, similar to this reply, it doesn't really help anyone.
KerryL1
(California)

Posts:8729


08/19/2021 2:37 PM  
Max seems to have a pathetically neglected need for attention.

You know, Adam, I'm sure I wasn't the only one in some of your other posts who tried to show the distinction between rules & CC&Rs. I hope this time others' good explanations help you.

MaxB4
(California)

Posts:1601


08/19/2021 2:41 PM  
Posted By KerryL1 on 08/19/2021 2:37 PM
Max seems to have a pathetically neglected need for attention.

You know, Adam, I'm sure I wasn't the only one in some of your other posts who tried to show the distinction between rules & CC&Rs. I hope this time others' good explanations help you.




And who is needing attention now?
MelissaP1
(Alabama)

Posts:10590


08/19/2021 3:18 PM  
Me! I feel left out! Insult me! Insult me!

Oh and how to change your CC&R's and other HOA documents is IN the documents... Go figure...

Former HOA President
JohnC46
(South Carolina)

Posts:11665


08/20/2021 10:59 AM  
Adam

The HOA governing document hierarchy is important to every HOA. While each document has an important purpose, some will take priority over the others. HOA governing documents are put in place to control the operation of the association along with the common interest development that the HOA was formed to manage.

Typically, the documents that are included in this hierarchy are:

1. Federal, State, and Local Laws
2. Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
3.HOA Articles of Incorporation
4. Association Bylaws
5. Association Operating Rules & Regulations.

Typically, a majority of owners can make Amendments to above #2 and #4. The majority is usually higher (typically 2/3rds of all owners saying yes, no votes do not count) to change #2 and typically 51% of all owners saying yes to amend. The BOD alone cannot Amend either of these documents.

Typically a BOD, and a BOD alone, can make Rules and Regulations (R&Rs). An R&R cannot override #2 or #4. As an example a R&R cannot close a pool down but it can regulate its hours.

Your misuse of the terms confuses people.
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