CC&R Amendment or Rule

Our CC&R states that amendments require majority member approval. It also allows the Board to make and enforce rules on items not reserved for members. If the CC&R contains a section that lays out both the general ARB guidelines (e.g., you must get approval to add or modify a structure......) and specific ARB guidelines (e.g., no fencing of front and side yards, etc.) then is a new set of additional ARB Guidelines an amendment to the existing CC&R section addressing ARB guidelines or are they simply rules that the Board can create without Member approval?

RgV,

New guidelines are typically not an amendment to the CC&Rs.

Even though CC&Rs do list specific restrictions or conditions for lots, they also typically say that any changes to the exterior of the lot require approval from the Association.

The Board of Directors can adopt guidelines, in the form of a resolution, that will specify to the approving authority (the Architectural Committee for my HOA) what should or should not be approved. This is not changing the CC&Rs, this is just a method of standardizing the approval/disapproval process. If the guidelines were not there, the final approving decision could end up being the personal taste of the approving authority.

By adopting additional guidelines, the Board is setting standards that can prevent the approving authority from disapproving a deck or keep them from approving a paint color despite the personal tastes of the individuals who make up the approving authority.

Since resolutions can be changed by any future board, some specific guidelines or clauses that the membership feels strongly about can be written into the governing documents (CC&Rs or Bylaws) to prevent a future board from changing that guideline or clause without membership approval. Grandfather clauses come to mind as something that I believe should be in the CC&Rs or Bylaws.

Tim