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DebbieM8 (Colorado)
Posts: 4
Posted:
I'm back....OK could someone give me a simple breakdown of how to tell the difference between bylaws, covenants, articles, rules/regulations, etc? My documents are so old everything looks jumbled up and I can't even tell if we have any bylaws!! Also, could you include how to either write, amend, vote on each catagory? thanks!!
TimB4 (Tennessee)
Posts: 21,059
Posted:
The best description I found for those documents are provided by HOA-USA.com
Here is a link to their colorado page.

The procedure to amend those documents would be contained within the documents themselves. If there is no language on how to amend, typically State COA/HOA laws and/or State Corporate laws has language to cover the issue.

Hope this helps,

Tim
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Debbie

Tim provided a good link that does explain many thing. Allow me to add some information.

Typically to change CC&R's and Bylaws it will take a specific amount of owners voting to do so. Included in them will be how to change them. Generally it will take 51% of owners agree to change them. I have seen some requiring as many as 67% and someone on here said their docs could be chaged with 25% agreeing. Personally I believe it should be at least 51% and that being 51% off all owners in agreement.

Neither the CC&R's nor the Bylaws can overrdie any laws but they can shall we say "tighten" them. As an example. Local law says no fence can be taller then 8 feet yet an association could limit fences to no taller then 4 feet. Well within the rights of an association.

Rules and Regulations can be made by the BOD without owner approval but they cannot override CC&R's nor Bylaws. An example. The BOD could make a regulation defining the hours that the swimming pool is open. To take it a step further there is a discussion on this chat as to what constitutes a commercial vehicle in the eyes of the BOD. I say it is within the authority of the BOD to define such.

Rules and Regulations are often an area of contention. Some BOD Rules and Regulations did override the CC&R's, Bylaws and the BOD had to be taken to task.

Hope this helps.

GlenL (Ohio)
Posts: 5,491
Posted:
To add to what others have said, a By-Law or rule can explain how a covenant is to be interpreted but they cannot change the meaning of a covenant. For example the covenants say that there shall be five directors elected from homeowners to serve on the Board. The By-laws can say how they are elected and set conditions such as the homeowner must be in good standing with no outstanding assessments.

It cannot modify the basic premise of the covenant i.e. There shall be no purple cars allowed. You cannot then write a By-law stating there shall be no purple cars allowed except on days ending in y.

Studies show that 5 out of 4 people have problems with fractions

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