Questions about rules versus restrictions

You're on the right track, the Covenants say what and the By-Laws and rules say how. For instance a Covenant might require the HOA to maintain a pool, the Board can pass rules on how the pool is operated. Keep in mind that you cannot write a rule to countermand a Covenant.

Robert,

Sounds kind of complex? In our HOA when the Covenants Committee was established our attorney recommended we write a set or sub-set of rules, called "Covenants Rules". They had to be based on the C&R's and follow the "intent" of the C&R's. These rules can be established and revised with only the Board's approval whereas changing the C&R's require member approval. Sounded kind of unusual to me at the time but they have worked well for the past 16 or so years.

Covenants Rules: http://www.tahoedonner.com/wordpress/wp-content/uploads/2011/11/covenantsrules.pdf

C&R's & By-Laws: http://www.tahoedonner.com/wordpress/wp-content/uploads/2011/11/governingdocs.pdf

Paul T

Here is more to add to the story. Right now I'm looking through some 2005 minutes of a Joint Meeting of the Board of Directors and members where six members were present. Six members establishes a quorum, but is not three fourths of the community.

"A vote was taken on the mailboxes and outside storage buildings. Upon motion duly made, seconded and carried, the directors and members by unanimous vote: To retain original mailbox design through Creative Mailbox Designs and the outside storage buildings to have appearance of the home design including the roof."

Article VI of the declaration mentions nothing about mailboxes or sheds, therefore that order of business conducted in 2005 would be invalid because these would be restrictions rather than a rule as I understand it and proper criteria wasn't met nor procedures carried out to make it valid.

This is very significant because neighbor A has constructed a metal garage on his property which I'm sure will come up at the board meeting where we explain how restrictions will be enforced, past assessments collected, etc. This same neighbor likes to tinker with satellite dishes and has at least five of them in his side yard in plain sight. There is nothing in the declaration about satellite dishes, but they don't look very neat in appearance.

This might be more problematic than you think, if you have problems getting volunteers. FL 720.305 (2)(b) allows the BOD to impose fines & suspensions BUT they only become valid AFTER validation by the fining committee:

(2) The association may levy reasonable fines of up to $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney’s fees and costs from the nonprevailing party as determined by the court.

(a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association.

(b) A fine or suspension may not be imposed without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. If the association imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.