Rule changes or adoptions before pruchasing home

Started by MelissaM • 6 replies • 1486 views

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MelissaM (California)
Posts: 9

Posted:

I live in the state of California. I purchased a home in the HOA and a few years prior there was an adoption of an additional rule. I have searched high and low in the documents I received when purchasing my home and could not find any indication of the rule. I called the management company and they said it is on file at their office. It is not recorded therefore not in my package I recieved.

It would seem difficult to see the justification of a rule that is not in my position. Is this legal to enforce this rule on me?

Any thoughts on this process?

RogerB (Colorado)
Posts: 5,067

Posted:

Melissa, did you ask the MC to send you a copy? If not, call back and request it. All existing and future members should be provided copies.

JM2 (Oregon)
Posts: 439

Posted:

Hello Melissa:

Generally, if there is a change in the legal documents when the builder is still in control, you MAY be sent a copy, particularly if it applies to you (I'm thinking of a community where the builder amended the documents after the single family homes were built, but the amendment only pertained to the community's townhomes, which he was just starting to build - did not send out amendments to older owners).

If there is a Resolution passed by the Board, a copy should be sent to everybody, even if it's still under builder control. I know that some people throw such things out as junk mail - from experience - but it may be that they just didn't send something out.

The best way to proceed would be to request a copy from your management company. Talk to your manager and explain the situation and ask for some forebearance (if necessary) on getting things straightened out if you haven't been following the rule.

Best of luck!

J. Patrick Moore, CMCA

MelissaM (California)
Posts: 9

Posted:

Once again, thanks for the replies!

Fortunately I haven't broken any rules since I am perfect. ;) ;)

But others are being issued fines for rules I didn't know exist. And since I have become more active in my community, I am concerned about maybe the code is not being followed.

Thanks again.

KathyS (California)
Posts: 145

Posted:

Melissa,

There was a lawsuit brought by a homeowner in a CA HOA with similarities to your situation. The homeowner lost. The law says you have to abide by the rules and CC&R's even if they were changed after you moved in. You will find "ignorance of the law" in this case, HOA Law, is no excuse.

I would suggest you ask for a copy of all the rules your HOA has so you don't get a rude awakening via a violation letter.

Kathy

MelissaP1 (Alabama)
Posts: 13,836

Posted:

We had atleast 3 different copies in existance of our CC&R's/bylaws in our HOA. It is considered the most recent one as the one that exist in the county court house records department. That's the copy the judge will look at if anything were to happen.
My lawyer once told me that if a HOA wants a rule, they have every right to create it if everyone agrees to it and it's in their meeting notes. Rules such as: No use of the pool after 10 Pm. No barking Dogs after 10 pm, No parking in red zone/in front of dumpsters etc... Just in the lines of "common courtesy rules". The rule your looking for may be in an old meeting copy.
The difference between CC&R's and By-laws are that CC&R's are file at the courthouse and go with the deed. By-laws typically don't get legally filed (most states) and are the rules the HOA follows on a daily basis. CC&R's overrule By-laws if there is a conflict of a rule between the 2 documents.
So some rules of the HOA aren't officially written down legally. It just may be one of those "cultural" rules that everyone feels should be followed and is somewhat "common sense". These additional rules can cause additional confusion but are to be followed in most cases.

Former HOA President

HaroldS1 (Arizona)
Posts: 314

Posted:

Mellisa - Members must be informed of all rules. They should be published and updated when changed. You can't pass rules at a board meeting that hardly anyone attends and then holler "got-ya" at members when they violate a rule. I can live with the CC&Rs I signed, and even accept changes to those CC&Rs when approved by a majority. But rules are just the whims in action of board members and must be published and readily available. Some rules can and should be challenged. But that is another thread. Harold

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