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DeenaB (Texas)
Posts: 8
Posted:
Our HOA in Texas has Bylaws and DCCRs, but I don't believe we have Rules and Regulations. We are looking at revising our Bylaws and DCCRs, which is a fairly onerous task, but as they stand the legalese documents are very hard for mere mortals to understand. Would creating a set of Rules and Regulations be another way of presenting the rules in simpler language? And where could I find a good example of Rules and Regulations for us? We are a subdivision of about 300 single family dwellings.
JohnM3 (Florida)
Posts: 288
Posted:
In florida we have 2 sets of books to operate under. The first is covenetswhich take an act of god to change (90 percent of the owners) the covenants. The second is called by-laws. My personal recommendation is this in your docs it will state under covenants how many members have to approve any change to the covenants. In 14 years we have never been able to do that. They are usually written by the developer to protect the developer and so written that as long as he has a presence in the community he is un-touchable and gets away with anything he feels like.
Now the second area is usually listed as by-laws those the board uses to come up with rules and regs on how to operate and how members are supposed tokeep there units colors, etc. These are usually changed by the members of the board with-out the approval of the members.

Got it ya I have been on the board since the beginning
Good luck but get a professinal advice and join the professional hoa's that exist for the education and information sharing of the hoa with others in your state and nation. Cause we have power as a united group individually we are feathers in the storm of the management company be they good bad or indifferent. Every management company invariablely becomes a monarchiey all by itsd self by nature of the Board Of Directors. If the board is proactive the management co will not set up a monarchy so it is up to the board not the mc to stay in charge. But I warn you from personal expense if the board gets lazy the mc gets right in and takes over period. It is the nature of this area of the world.

Good luck
step 1 get a good association lawyer you can trust
step 2 get a working board
step 3 get a good proactive mc with a manager that is at the other end of a cell phone that you can reach during normal business hours.

Good Luck
Jack
LoriB2 (Ohio)
Posts: 3
Posted:
Our HOA is looking for a good example of some Rules and Regulations as well.
However, our situation is a bit different. Our HOA is one of the first of
of its kind when it was created in the late 1950s. The problem is that
our Rules & Regs have not been updated since the 1960s. I look forward
to watching your discussion question to see if anyone has a suggestion.
Good Luck!
LuciusD
Posts: 139
Posted:
DeenaB
In my opinion, you need first to understand fully the functions of both the declaration and the bylaws and why a reaonable amount of legal terminology is necessary. After you have repaired these two documents, then rules and regulations may be desirable. But the rules and regulations are subordinate to the declaration and the bylaws. R&R cannot correct flaws in the more senior documents.
The CAI bookstore at www.caionline.org/bookstore.cfm has several books on both writing and enforcing rules and regulations.
A Google search on "Bylaws" and "Homeowners" usually turns up a number of samples of governing documents including rules and regulations. Lou Day
RogerB (Colorado)
Posts: 5,067
Posted:
LoriB2, click the search button and read. There are 3 pages of rules and regulations posts.

RogerB
LisaS (Illinois)
Posts: 341
Posted:
Ours are open to the public at www.wildingpointe.org. Click on 'Covenants'. We are 300 single family homes in Illinois. Our CCR document is written by a local developer and their attornies and serve approximately 5 communities (with a few modifications). Our are 5 years old.

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