DOCUMENTS

Started by JohnB26 • 10 replies • 1406 views

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JohnB26 (South Carolina)
Posts: 1,569

Posted:

I am slowly becoming somewhat proficient in the 'legalese' of HOAs.

There seems to be much confusion as to what governs what.

I am now convinced that:

The Covenants and Restrictions govern what one may (or may not) do with one's personal individually owned property (by virtue of recorded mutual agreement).

They also establish an HOA, which, if incorporated, requires a Board of Directors.

The Board of Directors may make resolutions a/k/a rules and regulations governing use of the Common Elements but NOT the use of the individually owned properties (which are governed ONLY by the CCRs).

The Architectural Committee may make GUIDELINES and INTERPRET the CCRs but may NOT add anything to the restrictions.

Therefor, if one is willing to NOT use any common element and travel only DIRECTLY to and from one's property (easement by reason of necessity) one would have no 'rules and regs' requiring adherence.

Of course, one would still be bound by the Covenants including the paying of assessments, but, basically would be free of the tyrants.

IMO: case in point: they may ban renters from using any common element (over which they actually have some control)as the renters would not be owner/members, but they may not ban you from renting your home (over which they have no control excepting the actual contractual restrictions).

....juuuuuust say'ng....

PLEASE - THIS IS ONLY FOOD FOR THOUGHT - NO REPLIES OR OPINIONS NEEDED

JohnC46 (South Carolina)
Posts: 14,265

Posted:

John

The most common problem I see with BOD's is when they to subvert/circumvent a Covenant/Deed Restriction and/or Bylaw with a Rule & Regulation (R&R). Rental controls/elimination is a common one.

The second most common problem with BOD's is when they try to manipulate an election to keep themselves in power. Misuse/misrepresentation of proxies is often a tool they use.

The most common problem I see with Architectural Control Committees is when they wing things versus attempt to clarify. Paint shades as an example.

The most common problem I see with owners is they did not read nor do they understand the Covenants/Deed Restrictions and or Bylaws that they agreed to follow. Like I do not need approval. They do not apply to me, etc.

It becomes a circular, chicken/egg argument. What came first?

One cannot live with their head in the sand approach (come and go only) as like it or not, associations have controls over us including economic (dues, assessments, etc.) ones.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

the egg came first

at some point in time there existed a critter which was not quite a chicken

the creator permitted a mutation in an egg which then hatched into a chicken

just like in Star Trek: minutes became hours, hours became days

change ONE word in Genesis from Day to Eon and it is scientifically accurate

things are actually pretty simple

JohnB26 (South Carolina)
Posts: 1,569

Posted:

to be clear:

the (corporate) bylaws do NOT govern the H.O. but DO govern the BOD

JimbB (Hawaii)
Posts: 42

Posted:

JB26;
You say you are now convinced? I would like to know what convinced you, cause here the last I heard one of the owners daughter will come to visit her and maybe stay and live with her for a while and was told that guests can only stay 59 days? And background check? I did check the CCR's is silent on that? They say are the rules that apply to over 55+ community?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

? what do the recorded covenants say ?

the covenants will govern whether under 55 persons may reside in the home

the rules and regulations (if empowered by the covenants) will govern whether under 55 people may use the common elements

do NOT confuse the two

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JimbB on 05/17/2014 10:33 PM
JB26;
You say you are now convinced? I would like to know what convinced you, cause here the last I heard one of the owners daughter will come to visit her and maybe stay and live with her for a while and was told that guests can only stay 59 days? And background check? I did check the CCR's is silent on that? They say are the rules that apply to over 55+ community?

Jim

The only amount of time one can stay restrictions I am aware of are for those under 18 years of age. Typically done as one reason the local authorities went along with the development was they would not be adding children to their school systems. I have never seen restrictions on "guests" 18 or older.

JimbB (Hawaii)
Posts: 42

Posted:

I am telling you this people bring up one stupid rule after the other and all of them to make peoples lives miserable.
Thanks

JohnB26 (South Carolina)
Posts: 1,569

Posted:

? how many times have you PERSONALLY read the Covenants and Restrictions ?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

PLEASE - THIS IS ONLY FOOD FOR THOUGHT - NO REPLIES OR OPINIONS NEEDED

PitA1
Posts: 222

Posted:

JohnB26 is now PitA1

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