Procedures for Adopting Policies

Started by JamesJ2 • 1 replies • 1850 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JamesJ2 (California)
Posts: 1

Posted:

The Davis-Stirling Act here in California has specific procedures that must be taken by an HOA Board when the Board wishes to adopt a new rule or regulation. However, my HOA Board says that "policies" are different from regulations in that policies only represent how regulations are to be enforced, and therefore exept from the Davis-Stirling Act procedures. I contend that a "policy" is a "regulation" under the meaning of the Act.
Who is right?

JosephW (Michigan)
Posts: 882

Posted:

See what happens when you ask for a "legal interpretation". I think they are right in their definitions, but Davis-Stirling doesn't specifically address "policies" (at least a quick look-up didn't show any). I think it may rely on the subject. If it references an existing rule or regulation then it may be just what they said it was. However, if it covers something not in the existing rules and regs, they may just be trying to slide by. Anything more definitive that that will probably take an attorney.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here