Seperating the Covenants from the Bylaws?

Started by JanaC • 4 replies • 1546 views

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JanaC (Tennessee)
Posts: 31

Posted:

Our Board memebers brought up they that are going to get our ByLaws seperated from our Declaration of Covenants and Restrictions. When I ask what the underlying issue were for doing this I didn't get an answer. I want to know how will this help or effect me?

Thanks in advance,
Jana

RogerB (Colorado)
Posts: 5,067

Posted:

Jana, normally the Declaration and By-laws are two completely separate documents. The By-laws usually need to be amended more frequently than the Declaration and require a much lower threshold to amend. I see no negatives only positives for having them as separate documents and would never recommend having them together in one document.

It may or may not affect you; but could only create a postive effect.

JanaC (Tennessee)
Posts: 31

Posted:

After reading much information here this might run under a different topic, but here is what is happening and I feel this is why they are wanting to Seperate the CC from the Bylaws...

We have selective inforcement going on. Everyone here has broken CC's and bylaws. Way it is now...the board can not change the Bylaws or CC without the majority vote, but if seperated, they can change the rules as they see fit without the homeowners vote.

I have learned much from this site already. And will talk to other home owners about calling a Members Meeting. I have 17 proxy votes to dismiss the CC, but the board told me last night at the meeting that we didn't have a say. I ask that they call a meeting to put this up for vote (changing the CC)giving everyone the right to vote on how it will be changed and they dismissed me. Saying it was the boards decision. I was not notified of this yearly meeting and was told about it by a neighbor, that is why we are all now in a panic! What do we as the majority of the memmbers do? We have to edcuated ourself fast and call a meeting of the members to force this action on having the CC changed?

Lost,
Jana

RogerB (Colorado)
Posts: 5,067

Posted:

Jana, IF your By-laws are part of your Declaration it would take an amendment to change. The amendment would have to meet the requirements of the Declaration in order to amend (often 2/3 of all members or more).
Meanwhile, the Board usually has the authority to create and change Rules and Regulations. I agree with your idea to get more education by rereading your Declaration and your By-laws. This will provide a better understanding of what each requires to amend and what authorities and responsibilities the Board has.

BrianB (California)
Posts: 2,820

Posted:

in general, CC&R's are the rules owners must follow, the By-Law are the rules the HOA must follow.

It would be rare for an owner to violate a by-law (a board member, yes, but not as an owner). I guess anything is possible...

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