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ShannonJ (Virginia)
Posts: 14
Posted:
Even as I post this it seems a dumb question to which I should know the answer....unfortunately, I do not.

Are CCRs a distinct and separate document or a combination of others?

my community has the following

Articles of Inc.
Bylaws
Declaration
ARB guidelines

Thanks!
ShannonJ (Virginia)
Posts: 14
Posted:
Nevermind...I found that the declarations include the CCRs...so it really was a dumb question!

lol
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There are no stupid questions...Maybe stupid answers...LOL!

Former HOA President
CarolR11 (Colorado)
Posts: 2,563
Posted:
Well, my understanding is that the CCR's and the Declaration are exactly the same document
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Shannon

We all had to learn. None of us were born knowing it.

Quick cheat sheet.

1. Federal, State, Local laws are the top dog.

2. CC&R's (Conditions, Covenants and Restrictions) come next and they cannot override any law. They are called CC&R's, Covenents, Declarations, Deed Restrictions, etc. They are filed with the property deed and are part of it.

3. Bylaws come next. They usually clarify the CC&R's. As an example, CC&R's will call for a Board of Directors but the Bylaws will explain how to elect them. Some Bylaws are filed with the deed thus are also deed restrictions.

4. Rules and Regulations. Made by the association's BOD.

As asked earlier. I believe your Handbook is informational only and all/any of the above would override it. While I like Handbooks, welcome letters, guidelines, etc. it should be made clear they are for informational purposes only.

There can also be Articles of Incorporation filed with the state to identify the association as a business, because it is a business. They rarely play a role in the day to day operation of the association.

While under declarant control, the declarant can change Covenants and Bylaws pretty much as they jolly well care to change them. When under owner control, it will usually take a majority of the owners agreeing to make changes.

See #1 above. Laws can vary widely so some of the advice given out here (my own included) should be taken with grain of salt.

Hope this helps.

ShannonJ (Virginia)
Posts: 14
Posted:
Thank you both!
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By MelissaP1 on 08/05/2012 7:56 AM
There are no stupid questions...Maybe stupid answers...LOL!

This is a philosophical question and is in no way meant to insinuate anything against to original poster, if you don't know something it is best to ask.

If there are no stupid questions, then what do stupid people ask? Do they get smart just in time to ask questions? (Scott Adams)

Studies show that 5 out of 4 people have problems with fractions
CarolR11 (Colorado)
Posts: 2,563
Posted:
Here's my stupid question, Glen. I know the answer must be obvious, but . . . What does " . . . beard a lion . . ." mean?
GlenL (Ohio)
Posts: 5,491
Posted:
If you confront a powerful or dangerous rival on their territory, you are bearding the lion in his own den.

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Like do not ask if you cannot handle the answer. Mess with the bull and you may get the horns.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By CarolR11 on 08/05/2012 8:23 AM
Well, my understanding is that the CCR's and the Declaration are exactly the same document

The full name is:

The Declaration of Covenants, Conditions and Restrictions

aka

The Declaration
CC&Rs
The Covenants
Deed Restrictions
Governing Documents

CarolR11 (Colorado)
Posts: 2,563
Posted:
OK, guys, I did grasp the general meaning, just not what "beard" means!!
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By CarolR11 on 08/05/2012 7:07 PM
OK, guys, I did grasp the general meaning, just not what "beard" means!!

vb (tr)
1. to oppose boldly or impertinently
2. to pull or grasp the beard of
[Old English beard; related to Old Norse barth, Old High German bart, Latin barba]

Studies show that 5 out of 4 people have problems with fractions
ThomasD2 (California)
Posts: 208
Posted:
Quote:
Posted By JohnC46 on 08/05/2012 8:41 AM
Shannon

Quick cheat sheet.

2. CC&R's (Conditions, Covenants and Restrictions) come next and they cannot override any law. They are called CC&R's, Covenents, Declarations, Deed Restrictions, etc. They are filed with the property deed and are part of it.

3. Bylaws come next. They usually clarify the CC&R's. As an example, CC&R's will call for a Board of Directors but the Bylaws will explain how to elect them. Some Bylaws are filed with the deed thus are also deed restrictions.

4. Rules and Regulations. Made by the association's BOD.

Hope this helps.


I have been on these discussion boards many times and still find the distinction between CCR's and Bylaws confusing. So I did not think it was a dumb question.

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