HOA Guidebook applicability

Hello all,

We are a community in VA. Our governing documents include bylaws and CCR. However sometimes after most homes were sold a "HOA handbook" was developed by the management company and developer. this handbook is to serve to clarify bylaws and offer additional verbiage on interpretation.

The question is this: are homeowners legally bound to follow the handbook contents? As an example the bylaws may say do not store trash cans outside. The guidebook may say further clarify by saying...trashcans may only be stored outside on trash day between the hours of 10am and 3pm.

Some see the handbook as providing clarification, others say that this hourly restriction is not included in the Bylaws and thus not applicable. Which is accurate? Is the handbook legally part of our governing documents?

thanks in advance for reading!

Shannon

Opps...I say the handbook is at best, Rules and Regulations (and probably not even that) thus the CC&R' and Bylaws rule over it.

Shannon,

Welcome to the Forum.

As others have explained, the Board is allowed to adopt resolutions, which are really just formal written decisions, that affect many other things. Typically these include rules for use of the amenities, clarification of items within the CC&Rs or Bylaws, regulations/rules for the common area and guidelines for what architectural changes will be allowed or not. Additionally, procedures for association records, disclosure statements, collection of assessments and the process for hearings may be adopted by resolution. A resolution may not be in conflict with the CC&Rs, Articles of Incorporation or Bylaws.

The authority to adopt additional rules are typically within the CC&Rs, the Articles of incorporation and
VA laws.

Typically, the handbook is used as a method of publishing these resolutions to the membership.

Here is a good summary of the various laws that apply to VA Homeowner Associations that may be helpful.

When does the membership take control of the Association from the developer?
When this happens, the elected board may always change the rules currently listed within the handbook.
Perhaps you will volunteer and be one of the board members.

Hope this helps,

Tim

You guys are awesome - thanks!

The hoa was turned over to the community several years back. Most homeowners never received the handbook initially, as it was put together some time after the homes were sold. We are a small community with @ 45 SFH and no amenities.

My management company have given me conflicting answers: one agent said the handbook is part of our governing documents and thus binding. Another said, consider it merely a "guide" . SInce the HoA has been turned over, there have less than 5 resolutions.

I am now on the board and trying to understand the correct message to share with homeowners.

The management company and/or the developer have no authority to override the CC&R's or any bylaws, rules, or regulations adopted by the association. Therefore, the handbook they wrote is not binding on your association.

If your rules are so badly written that they need a handbook to be understood it may be time to re-write the rules. (If trash cans can never be outside, how do they get picked up on collection days?)

Perhaps your board's next resolution should be to formally declare the Handbook as not binding on the association and end the confusion.

Shannon, what's in this guidebook? Does it contain rules of all kinds, fine schedules, arch. guidelines? Or?

Our CC&Rs say that our "Project Handbook" (rules & regs) is a governing doc. I wonder if your CC&Rs say anything about a guidebook or some other doc in the future being a governing doc.

Our CC&Rs also state that our Architectural Guidelines are a governing document. Many arch. restrictions are in our CC&Rs, but the Guidelines were developed later to elaborate, e.g., what types of hard surface floors are acceptable, how they must be installed, etc. The only type of permissible window tinting also was added.

It actually does say "guidelines". Quoting from the introduction:

"The purpose of design guidelines is to assure residents that the standards of design quality will be maintained. This, in turn, protects property values and enhances the community's overall environment. This booklet is designed to address exterior alterations made by homeowners to their property. The authority for maintaining the quality of design in the community is founded in the bylaws."

The actual Bylaws/Declarations do not refer to these guidelines to incorporate them or make them binding. I can only assume the declarent developed them. We do not have good record keeping or minutes from prior years.

We have a MC because most board members say they "don't have time to do much and certainly not to self manage".

The guidelines may actually amend the bylaws if considered binding since they include such statements as "no screen doors allowed without ARB approval", whereas screen doors are not specifically addressed in the declarations.