Lee,
Congratulations on becoming self managed. Remember that being self managed doesn't mean you need to do it alone. You can hire independent contractors to assist.
Is there a good referrence to approaching rules and regulations? There are companies that will assist. However, they are not always required.
Based on info from within various threads of this forum, I would suggest the following:
1) Form a committee (it doesn't have to be just board members).
2) The Committee should review your existing documents and identify areas that they want to recommend to change
3) The Committee should review State laws (HOA/Condo, Corporate, towing (if needed), etc.) and identify how they affect the current documents and/or potential areas of change.
4) The Committee should review documents from other Associations within your State/Town to get ideas.
5) The Committee should draft a proposal which indicates the changes they recommend.
6) The Board should review the proposal, verify how the law interacts and make any changes.
7) The Board should send the proposed documents to the Association lawyer for a legal opinion.
8) The Board should review the legal opinion and make changes as required/desired.
9) The Board should publish the proposed changes to the membership and request feedback.
10) The Board should review the feedback and make changes as required/desired - checking with legal as needed.
11) The Board should publish the proposed documents and hold a special membership meeting to vote on the proposal.
12) At the meeting the Board should ensure a quorum is met and vote taken.
13) If adopted, the Board should send the document to the Attorney to prepare for signatures.
14) The Board should sign the new documents and file necessary documents with county/State (some have the Attorney do this).
15) The Board should then publish the new documents and give one copy to each member (1 per lot)
It seems like a lot to do but it's really just attention to detail and the time to do the work. This process could take over a year to complete.
Here are some links to Threads in this forum that talk about it:
http://www.hoatalk.com/Forum/tabid/55/view/topic/postid/31498/Default.aspx http://www.hoatalk.com/Forum/tabid/55/view/topic/postid/33601/Default.aspx What is the purpose? Why are they important? The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
The Bylaws are the rules for management and administration.
Resolutions are additional rules and regulations that the association may adopt.
Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, and the Fair Debt Collection Practices Act.
State Laws also apply. Minnesota Common Interest Ownership Act, Corporate Laws, etc.
Here is a link to
Community Association Institute - Minnesota Chapter that might have other resources.
Who should enforce them? The covenants, rules and guidelines are enforced by the Association.
Some Associations form special committees, some hire independent contractors and some reserve that power to the Board.
How? My Association forms an Architectural Committee, 3 or more homeowners appointed by the Board, who review and approve/deny any design changes. The Committee also performs an annual inspection to identify lots that are not in compliance and then enforces compliance based on the Associations enforcement/due process resolution. These decisions can be appealed to the Board of Directors.
If you had a property manager in the past, I suspect that they used a procedure for enforcement.
In case you don't realize, there is a difference between Covenants, rules and guidelines. They sort of perform the same function but in different ways.
CC&Rs are the covenants, conditions and restrictions owners agree to comply with. Amending the CC&Rs require membership approval and are typically part of the physical deed.
Guidelines are the standardizations the Board established to give guidance on what changes would be authorized or (usually) denied. They can typically be changed by Board of Directors. This is where the Association might say your house has to be painted a certain color.
Rules apply to common area elements. They typically address things like parking, standards of conduct while in the common area, pool rules, etc.
Sometimes, the Association causes confusion by using the terms interchangeably. Lets take the example that you want to paint your house purple. the CC&Rs specify that you must get permission to make any exterior changes. The guidelines say houses must only be painted white. You didn't read your documents and painted the house purple. Shortly after you get a letter from the Association saying "you are in violation of the guidelines for painting your house purple" when in reality, you would be in violation of the CC&Rs for not getting permission prior to painting your house purple. The guideline only specified to the approving authority not to approve any request to paint a house purple.
I hope this helps,
Tim