House Rules

I've been trying to obtain association governing documents forever... My issues are inequitable enforcement of rules/regulations/CC&Rs and community safety. I decided to obtain a copy of the House Rules and... it doesn't exist. There are few copies of the House rules floating in different formats but nothing was legally filed. I've seen a copy that says "the first amendment of the House Rules"... ????? Nobody knows anything about a hard copy yet we were fined in the past. How does it make punishment legal?
My question is - Who has the authority to create House Rules if there is none? The BOD, the Committee made up of concerned Homeowners, or does it have to be presented at the Annual Meeting? Do they have to be legally filed along with the Declaration, their amendments, By-Laws etc? Thank you.

I've never heard of Rules and Regulations in my case. We have "House Rules". So what do we do? Do we change the name and ask BOD to create Rules?

You get a copy of your CC&R's at your local courthouse. The state should have your "Articles of Incorporation". The by-laws may or may not be filed with your CC&R's. Those may be what you are referring to as "House rules". By-laws are internal documents and don't require to be filed in most states.

House Rules that I have read, typically are a summary, condensation, of maybe five or six pages or so, written in “lay language” of “those things” that the Homeowner or Condo Owner “should know” without having to actually “read” their governing documents.

Some of the better ones I have read also provide a reference back the Declaration, CC&Rs by Section, paragraph, etc. And some also include additional explanations, interpretation, etc. and included the “actual rules”.

IMO, if an Association is going to publish “House Rules” they should be up-to-date, and readily available – otherwise why bother to write them.

I would encourage MargyY to get copies of the Recorded Governing Documents for the Association, rather than to rely on any “House Rules” if what is being referred to, is what I am familiar with.

I am in Alabama. To make sure I have an updated copy of the by-laws and any other document, I went to the courthouse. There is nothing except for the Declaration, it's Ammendments and the original By-laws. The By-laws have an Article called "House Rules" and it looks like the BOD has the power to create/ammend those Rules. Do I need to request original minutes when those Rules were accepted?
Another question - what is Covenants? We have only the Declaration, it's Ammendments, the By-laws and House Rules...

Thank you for your time to respond. I appreciate every input.

Margy

Typically (and overly simplified) an association has 4 layers of documents.

1. Articles of Incorporation as does any business. Generic and from the state. They usually say so and so about a specific thing such as Proxies but then they generally say corporation Bylaws can override. Articles of Incorporation might well say Proxies can be used for voting but the the actual Bylaws might say no Proxy voting. Bylaws rule.

2. Covenants, Deed Restrictions, Declarations, Covenanat Control and Regulations (CC&R's), etc. Ours are called Declaration of Protective Covenants. These are filed with the deed and run with the deed. Generally they can only be changed by a majority of the owners agreeing to the change.

3. Bylaws further clarify things like no Proxies allowed for voting. Bylaws may or may not be filed with the deed. Generally they can only be changed by a majority of the owners agreeing to the change.

4. Rules and Regulations. Generally they can be made by the BOD without owner approval thus they can change rather fast. I have seen them change from one monthly meeting to the next, especially if the owners got up in arms. Rules and Regulations are rarely (no case I know of) filed with the Covenants.

In my HOA, our Bylaws are filed with the Covenants. Also filed with the Covenants is an Exhibit titled Association Rules and Regulations that says:

"The Declarant and Board of Directors reserve the right to introduce and implement Rules and Regulations as may be necessary to protect and ensure the safety, security, and property values of the Community."

I hope this helps you as you try and learn your way around your own documents.

Thank you very much for making things clear! Looks simple now as I have everything in one place. Everything, except the House Rules... It should be a piece of cake from now on, right?