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JoyceS1 (Indiana)
Posts: 140
Posted:
I along with another board member are reviewing our Bylaws for revisions. I've been researching other HOA bylaws and ran across one that puzzled me. Thus, I'm turning to the folks on this board to see if they have encountered this type(s) of provision(s) in their bylaws.

The bylaw item is entitled "Homes: Their Maintenance & Repair; Insurance; Restrictions on Use."

The sections cover: Alterations, Definition of "Standard Home"; Responsibility of the Board; Responsibility of the homeowner; Restriction on Use.

Although the CC&Rs already outline these types of issues in general terms, it appears the bylaws expanded upon them and/or further clarified them.

Should this type of language be a part of the Bylaws or should the expansion of the CC&Rs be relegated to the rules and regulations?

Thanks for your input.
BrianB (California)
Posts: 2,820
Posted:
without knowing more about your situation (ie, does the HOA own any common areas in the homes, shared walls, porches, etc.), this sounds more like a CC&R than a by-law.
My rule of thumb: By laws: the bible on how the HOA is run/operated/lives by. Cc&R's: the bible on how the owners live/do.
RogerB (Colorado)
Posts: 5,067
Posted:
Joyce, the best place for these items is in an amendment to the CC&Rs. The second best place is in Rules and Regulations. Normally these items are not placed in By-laws.
JoyceS1 (Indiana)
Posts: 140
Posted:
Thanks BrianB and RogerB. HOA's do differ greatly in their documents.

Ours are so poorly written that I'm looking at other HOA's documents to see how they are set up.

Here is an example of language that makes no sense to me. It reads in part .... a meeting of the owners to "consider" the proposed budget....

It does not say "vote on", "approve" or "ratify".

Can you imagine conducting a meeting where the owners merely "think" about the budget?
JoyceS1 (Indiana)
Posts: 140
Posted:
Thanks BrianB and RogerB. HOA's do differ greatly in their documents.

Ours are so poorly written that I'm looking at other HOA's documents to see how they are set up.

Here is an example of language that makes no sense to me. It reads in part .... a meeting of the owners to "consider" the proposed budget....

It does not say "vote on", "approve" or "ratify".

Can you imagine conducting a meeting where the owners merely "think" about the budget?
BrianB (California)
Posts: 2,820
Posted:
that wording may be because the owners do not have the power to approve, vote on or ratify. Those powers may rest with the board. In this case, "consider" means "be shown, and take feedback".
JoyceS1 (Indiana)
Posts: 140
Posted:
BrianB

Thank you! Thank you! I hadn't made the connection you provded...."Shown"..."Feedback".

It was vague and I couldn't get beyond that.

BrianB (California)
Posts: 2,820
Posted:
i majored in vague in college, and I am a project manager in real life, so i am intimately familiar with vague. Not bad with vapid, tenuous, nebulous, and ambiguous either.

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