Covenents/Restrictions, Bylaws, Policies, Rules

Ron the Covenants and Restrictions refer to the deed restrictions, which you agreed to abide by when you purchased you home. The By-laws, Rules and Policies say how to go about following the Covenants. For instance the Covenants typically call for a Board of Directors elected from the homeowners. The By-laws would contain the rules on how the Directors are elected and any qualifications they must meet.

This is from the definitions section of the link you provided:

(m) "Rule" means a policy, guideline, restriction, procedure, or regulation of an association, however denominated, which is not set forth in the declaration or bylaws and which governs the conduct of persons or the use or appearance of property.

I looked at the link too, Ron. Glen's interpretation looks good and is common to many HOAs. Board can make rules and there's a whole section on Rules that Glen also cited. The rules may not contradict your declaration.

Another word in this legislation for "Covenants" and "Restrictions" is "declaration." In many states the declaration also is called the CC&Rs, or Covenants, Conditions & Restrictions."

Ron

I am not nor do I play a lawyer.

Typically Covenants, Deed Restrictions, Bylaws, etc. will take a majority of the owners agreeing to any changes. I have seen some that said as many as 90% of all owners must vote Yea to the change.

Typically Rules & Regulations, Policy, etc. can be implemented by the BOD alone. As has been said, these things cannot override the other docs. Many BOD's will attempt to override docs with Rules & Regulations. This is quite often a source of issues and law suits. Occasionally some BODs need to be slapped up along side the head and reminded about this.

Example often cited. Is a BOD could not do away with an amenity like a pool, but they could control the hours of its usage.

Funny, AlanH8!

In CA, the articles of incorporation are ranked lower than the CC&Rs.

Here's what I found on http://www.hoa-usa.com/statelaws/md.aspx and yet again, what I thought was right was not! grin...and they have the state and federal below our documents. Interesting,

The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.

The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.

The Bylaws are the rules for management and administration.

Resolutions are additional rules and regulations that the association may adopt.

Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.

Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.

Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.