MelJ (Pennsylvania)
Posts: 7
Posts: 7
Posted:
can the bod interpert the regulations anyway they want? For example can they define a business to only mean such business that conducts foot traffic.?
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BOD Interpetation of Regulations
Started by MelJ • 5 replies • 1468 views
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DanielH1 (California)
Posts: 482
Posts: 482
Posted:
Yes, the BOD can interpret its own regulations.
It would be up to a member or somebody else to sue the HOA and argue in court that the interpretation should be different. If the court agreed, it would order the HOA to use the court's interpretation.
It would be up to a member or somebody else to sue the HOA and argue in court that the interpretation should be different. If the court agreed, it would order the HOA to use the court's interpretation.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Typically, the BOD is the interpretative authority of guidelines or document. However, check your governing documents as some place this responsibility elsewhere (my HOA places this responsibility with the Architectural Committee).
The Board should follow past precedence and any legal advise but they are not required to. Therefore, if there is a gray area in an interpretation the Board should clarify this by amending the document in question or passing a resolution.
The only way a Boards interpretation would be overturned would be through actions of a future Board or a legal challenge resulting in a ruling by a judge.
Tim
The Board should follow past precedence and any legal advise but they are not required to. Therefore, if there is a gray area in an interpretation the Board should clarify this by amending the document in question or passing a resolution.
The only way a Boards interpretation would be overturned would be through actions of a future Board or a legal challenge resulting in a ruling by a judge.
Tim
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
MelJ, in today's world HOA Boards often enforce the restriction of running a business in the home when
"the business can be heard, seen, or smelled and creates a nuisance to neighbors". Many homeowners conduct business from their home, particularly since the advent of the internet.
"the business can be heard, seen, or smelled and creates a nuisance to neighbors". Many homeowners conduct business from their home, particularly since the advent of the internet.
MaryA1 (Arizona)
Posts: 388
Posts: 388
Posted:
Mel,
Yes, in most instances the BOD has the authority to interpret the CCRs, but it will be so stated in the CCRs. Also, any restriction interpretation cannot be contrary to what is stated in the CCRs and.. . my CCRs state: "In the absence of any adjudication to the contrary by a court of competent jurisdiction, the board's constructuion or interpretation of the provisions hereof shall be final, conclusive and binding as to all persons and property beneited or bound by the covenants and provisions hereof."
Yes, in most instances the BOD has the authority to interpret the CCRs, but it will be so stated in the CCRs. Also, any restriction interpretation cannot be contrary to what is stated in the CCRs and.. . my CCRs state: "In the absence of any adjudication to the contrary by a court of competent jurisdiction, the board's constructuion or interpretation of the provisions hereof shall be final, conclusive and binding as to all persons and property beneited or bound by the covenants and provisions hereof."
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Mel is this your neighbor with the daycare that's not a daycare or another one?
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