Get 1 year of free community web site hosting from!
Monday, May 25, 2020

HOATalk is a free service of

Get 1 free year community website and email newsletter hosting from!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Bylaws
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages


08/22/2006 1:48 PM  
I would like to know the difference between "bylaws" and CCRs. I have seen some posts mention a rule in their bylaws and the same or similar rule is in our CCRs. Our CCRs also mention bylaws but I have no clue where to start. The builder is getting ready to turn the HOA over to the homeowners and I would like to get involved but figure it would help to know the difference. For what it is worth, I am in Idaho.



08/22/2006 1:59 PM  

Don’t feel alone, me too
Chuck W.

Charles E. Wafer Jr.


08/22/2006 4:40 PM  
Typically, CC&R's are the rules that the Owners must follow regarding the association, property, etc..

By-laws are typically the rules that the BOARD must follow, the how-to's on running the organization itself, etc..

CC&R might say that grass needs to be cut, no pools allowed, or that walls must be under 6 foot tall.

By-laws specify how many board members the HOA should have, how they are to be elected, how many meetings they must have a year, and how to resign from the board, replace members, etc..


08/22/2006 6:09 PM  

Let see if I have this right. Our HOA is a Idaho Nonprofit Corporation. I assume that must mean our bylaws are the Idaho Nonprofit Corporation Act (Title 30) that addresses a number of issues regarding any type of lawful nonprofit corporation formed under its' provisions. It covers directors, voting, meetings, required officers, etc., etc.



08/22/2006 8:12 PM  
Arthur, your By-laws should include elements in the Idaho Nonprofit Corporation Act among other things. But your By-laws are a separate controlling document for only your association.


08/23/2006 3:24 AM  
CC&Rs and Bylaws

I offer a few thoughts on a complex issue. Others may differ.

There is a broad and significant distinction. CC&Rs are governed by property law and "run with the land". There is extensive common law for CC&Rs or restrictive covenants in general. CC&Rs must be recorded with the Register of Deeds in your county or municipality. As such, they will be discovered in any title search. Strict rules of interpretation have evolved in common law. In common law, those rules for Michigan were summarized in a recent Court of Appeals decision, Ribick v Inverrary LLC, “Restrictive covenants are to be read as a whole to give effect to the ascertainable intent of the drafter, and strictly construed against grantors and the parties seeking to enforce the covenants.  All doubts are to be resolved in favor of the free use of property.  Courts should not infer restrictions that are not expressly provided for in the controlling documents."  (Case citations eliminated)

CC&Rs typically include provisions for amendment that usually require approval by a super-majority of owners. However, amendments that include a major change may require 100% approval, or may be enforceable only for new owners. A recent North Carolina Supreme Court ruling, Armstrong v Ledges, temporarily posted at provides an extensive discussion. Common law may vary from state to state. Welcome to the quagmire of property law.

A property owners association (POA) is typically defined in the CC&Rs, which gives it authority which "runs with the land". However, the POA is typically authorized in the nonprofit corporation act as a mutual-benefit (or membership) corporation. Bylaws are typically required under nonprofit corporation law. The bylaws describe the operational aspects of the POA. One is a member of the POA under nonprofit corporation law, but is an owner under property law. Bylaws are typically subordinate to the CC&Rs. Confusing, yes, but the distinction is important. Typically, the bylaws cannot create an obligation for the member that is not described as an obligation for the owner in the CC&Rs. Much litigation here. Because nonprofit corporation acts typically evolved from business corporation acts, there is much similarity. Members have few rights in the corporate world, which unfortunately applies to members of POAs unless separate law has been enacted, such as in Florida and Virginia.

Wikipedia is a good resource for descriptions of the various terms and concepts. Start with homeowners association. The article contains links to restrictive covenants and many other terms. Also read the article on bylaws.

So you though living in a common interest development (CID) governed by a property owners association (POA) would be easy. Many of us argue that the legislation should make CIDs/POAs be as much like municipalities as possible.

Don Nordeen
Governance of Property Owners Associations


08/23/2006 10:11 AM  
Thanks for all the good replies. Helpful and informative. I contacted the MC and they said the builder has the bylaws and they will see how I can get a copy.

Thanks again.
Please login to post a reply (click Member Login on the menu).

Get 1 year of free community web site hosting from!

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.

General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement