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Property restrictions in ACC Rules&Regulations but not in Restrictions in the Declaration

Started by ReneeZ4 replies • 1206 views

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ReneeZ (Colorado)
Posts: 18
Posted:
Our BOD amended our Rules and Regulations under the ACC last year to prohibit in season recreational vehicles from being stored on a lot and then also prohibited any recreational vehicles that were 20 feet or longer from being stored at all. This has caused a lot of issues in our community. There is some concern that the BOD met their own storage needs when they adopted these new restrictions. Our Declaration does require a 67% vote to amend them. In addition our Declaration clearly states that the Rules and Regulations are under the ACC and the function of the ACC is actually defined. Their function is defined to review, approve or disapprove plans which are submitted for the purpose of building a new residents or plans for an addition. It does not seem that our ACC has any authority once the building process is complete because of how their role is defined. Our Declaration does have Property Uses and Restrictions clause that lists several items that are prohibited. Actually quite a bit if detail on what is not allowed. No where in there does it address storage or parking of any recreational vehicles. It does allow for certain motor bikes within speed limits and does allow for snowmobiling within certain guidelines but it does not prohibit parking these items on your property. The parking or storing of these items is not mentioned at all When the BOD adopted these new restrictions they did not associate them to the clause in the Declaration pertaining to Property Restrictions but rather the Parking clause. This clause is not a restriction it just states that each lot must have at least two designated parking spaces and guest could not park on the public roads for more than 12hours at a time. The clause has nothing to do with parking or storing recreational types of vehicles. Keep in mind that this area is a second home community in the mountains with three lakes and nationally ranked snowmobiling area. When the BOD was challenged by many of the home owners their response was that they had the authority to adopt new rules as long as it did not conflict with the Declaration. In their view because it was not addressed in the Declaration it is not a conflict. My view is that because it was not inluded in the restrictions then it is in conflict to the declaration. Can they adopt restrictions of this magnitude without taking it to vote and amending the Declaration? The topic is getting really heated and they are now sending letters of violation with fines included. Please provide some thoughts.

Thank you,
Renee
MaryannH (Illinois)
Posts: 3
Posted:
How does a HOA adopt a secret ballot?
PeterD3 (Florida)
Posts: 708
Posted:
R&Rs are typically [not always] restricted to common areas only.

ARC/ACC/etc. are typically restricted to lot/building modifcations only.

What do your docs. say about ammending R&Rs?
FredS7 (Arizona)
Posts: 927
Posted:
This may come down to a rather careful reading of the Restrictions.

If you disagree with the Board's interpretation you have two choices. Lawsuit (or at least get a lawyer to act as if there will be one) or vote out the board. If there is strong sentiment against the rulse voting out the board may be the easiest.
ReneeZ (Colorado)
Posts: 18
Posted:
I have not seen anything in our documents that refers to secret ballot. What is that typically used for?

Our R&R originally was specific to our ACC. They could be amended by the ACC in accordance with the Declaration. But then the BOD drafted a whole new document that included about 25% of what was in the original R&R and added pages of other things and renamed it to Policies, Procedures and Guidelines. The majority of the document now is administrative and addresses things that Colorado state law requires. But in the process of creating this new document they took the liberty to modify lo edgy use provisions and added a clause that gave the BOD the sole descetion to amend and adopt this new document. Then they state that this document supersedes all previous Rules & Rugulation. The issue is that our Declaration states that the R&R are managed by the ACC and the ACC's role is pretty limited in the Declaration. It seems to me that the BOD has overstepped their authority by adding property restrictions without owner vote

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