Revising the Rules and Regulations in AZ

Hello everyone this question comes from Arizona, can you tell me if the HOA Board can revise the rules and reg's without a vote from the homeowners?

Thank you in advance :-)

Along with what Larry said, it is a foolish Board that revises R&R without homeowner input. After you come up with your revised R&R, I would give a proposed copy of what you want the new R&R to read and give the homeowners 30 days or so to comment on them before you enact them. You just might find that you have overlooked something or have something that sounds good on paper but is totally unworkable. Better to give the homeowners a voice in the matter, rather than having them resent the Board as dictatorial even if at the end of the day the Board ultimately sets the R&Rs.

No. It's up to each association as to how to handle bylaws, rules, and regulations. But there is nothing to prevent a small percentage of owners from calling a special meeting and voting to override, amend, or abolish any bylaws or rules, including the bylaw that gives the board total control.

A small group of homeowners can meet to overturn board rules?
How many?

Say, WilliamH, the process to change HOA's Rules and Regulations varies form one state to another. In CA, for instance:

Civil Code §4365. Veto of Rule Change by Members.
"(a) Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change."

Read more: Civil Code §4365 http://www.davis-stirling.com/MainIndex/Statutes/CivilCode4365/tabid/3731/Default.aspx#ixzz3qkf1Uic5
from Davis-Stirling.com by Adams Stirling PLC.

There's more than solely the above, but it's not difficult. I don't know what's required in IL. but your own documents probably say in them how they can reverse a rule change.

Bylaws, on the other hand, usually only can be changed by a vote of the owners. This varies state by state and even HOA by HOA. We've seen on this forum, for instance, a few cases where the board alone can amend the bylaws.

Why not start a new thread with an example of what it is you and fellow homeowners want to change. And why?

It might not be a mistake unless it is an attempt to override any restrictions in the Covenants/Bylaws and that is where many BOD's get in trouble by trying to do such.

R&R's can be modified by the BOD. Make one on a Monday and the BOD can change it on Tuesday thus do not bet on an R&R holding up for ever.

As an example, our Covenants say no one can rent/lease their unit within the first 6 months of ownership. The BOD cannot override this with a R&R such as to 3 months nor to one year. At least 2/3rds of our owners would have to agree to a change. There have also been rulings where such a change could take 100% of the owners agreeing to the change but that is another subject.

To paraphrase what John and Larry pointed out.

Such a rule placed can be considered in conflict with the CC&Rs (where there is no regulation on renting). The CC&Rs are a higher precedent document over other Association governing documents.

When a conflict exists, the higher precedent document must be complied with (controls the situation) unless that document defers control to a lower document.

Such a rule will likely work until challenged. Once challenged the rule might be struck down by the courts unless it's within the CC&Rs.

See:

RENTALS IN HOA’S THE NUTS AND BOLTS OF RESTRICTING RENTALS IN HOMEOWNER ASSOCIATIONS (HOAS) from a legal firm

Rental Restrictions 2013 article from FL

The Latest on Rental Restrictions in HOAs 2012 article addressing the issue in CA

Is Your HOA’s Rental Restriction Lawful? 2013 article from AZ