County VS HOA Laws

Started by JeannieG • 5 replies • 2788 views

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JeannieG (California)
Posts: 1

Posted:

So our board just had their annual meeting. They are trying to say all dogs must be on a leash. However our county law (Eagle, CO) is different. Which trumps which? Also, this new rule must be in writing to take effect correct? And if I could get a link to where I can print this information to prove it if necessary that would be great. Thanks.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

HOA rules can be more restrictive, just not less restrictive. Not the answer you were looking for.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jeannie,

Steve is correct, the HOA rules can be more restrictive than the County. Just like State HOA laws. They can set minimum restrictions to follow and the HOA has the ability to embelish or tighten then up.

JamesC (Maryland)
Posts: 282

Posted:

HOAs versus government
Very important differences exist between HOAs and city and county governments that must be understood. An HOA is a private institution, existing solely at the pleasure of those who voluntarily contribute to its existence. Buying a home within an HOA sends a clear signal to the marketplace that the buyer is willing to surrender a certain amount of control over his home’s aesthetics in exchange for certain amenities and, most important, a safeguard over his equity. Not everyone is required to belong to an HOA; there are still plenty of houses for sale that are outside their purview.
If your rules/regulations are in writing I can't see where the county or any local government would over rule your HOA.

Jim

BrianB (California)
Posts: 2,820

Posted:

Higher order laws have priority over lesser order laws when there is a conflict in intent. If there is no conflict in intent, then the more restrictive law has precedence.

If the county has a law that stated that Dogs, being descended from wolves and wild canids, had an innate freedom to roam, and no man could leash or otherwise restrain or bind them, then the intent of that law would be to allow dogs to be unleashed, and your HOA rule would be in conflict, and not legally enforceable. However, I doubt that was the written intent of the county law. More likely, the county law is silent on dog leashing, and thus, a more restrictive lower order law would be enforceable.

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By JeannieG on 07/09/2011 6:16 PM
So our board just had their annual meeting. They are trying to say all dogs must be on a leash. However our county law (Eagle, CO) is different. Which trumps which? Also, this new rule must be in writing to take effect correct? And if I could get a link to where I can print this information to prove it if necessary that would be great. Thanks.

From davis-stirling.com

Adopting Rules
"Operating Rules" are defined by California's Davis-Stirling Act as any regulation adopted by the board of directors of a condominium or homeowners association that applies to the management and operation of the association or the conduct of its business and affairs. Civil Code §1357.100. This includes pets, parking, use of the common areas, member discipline, architectural standards, election procedures, any schedule of monetary penalties, etc. Civil Code §1357.120(a).

Excluded are decisions relating to common area maintenance, a specific matter (as opposed to a general policy), assessment amounts, a non-discretionary rule change required by law, or a rule that repeats existing law or the association's bylaws, CC&Rs or articles of incorporation. Civil Code §1357.120(b).

Enforceability. As provided for in Civil Code §1357.110, an operating rule is enforceable if:

* in writing,
* within the board's authority,
* consistent with governing law and the associations governing documents,
* adopted in good faith, and
* reasonable.

Notice of Proposed Change. At least 30 days before a vote on adopting or amending an operating rule or change in fine schedule, the board must mail a copy of the proposed change to the members, along with an explanation of their purpose and effect. Civil Code §1357.130(a).

Adoption in Open Meeting. After the 30-day period, the board may adopt the rules at a duly noticed open meeting of the board, taking into consideration any comments made by association members. Civil Code §1357.130(b).

Notice of Adoption. Within 15 days of voting on the rules, the board must notify the membership of the results of the vote. Civil Code §1357.130(c).

Membership Veto. The membership has a limited right to veto new rules and rule changes.

http://www.davis-stirling.com/MainIndex/AdoptingRules/tabid/1384/Default.aspx#axzz1RkD7W200

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