R&R - grandfathered in or not

Just a quick question....

Texas passed a law in 2012 that states all dedicatory instruments (CCR, Bylaws, association's Rules and Regulations etc) must be registered in the county in which the community resides in. If the dedicatory instrument (rules and regulations -specifically to this post) that is not recorded is not enforceable and has no effect until it is recorded.

If the HOA records the rules and regulations TODAY, can they go back on everyone who has not followed them and issue fines?
Or just starting today they can fine owners?
Or anything prior to recording such items are grandfathered in and is now excluded?

I'm confused

I agree Bonnie... that would be the logical way to do the fines.

But, can they retro the violations prior to the rules being registered with the county...that's the big question.

Judy,

Typically rules and regulations are resolutions (formal decisions) that are adopted by the Board and address conduct and activities on common areas or common amenities.

CC&Rs, which are deed restrictions (and were likely recorded prior to the first sale of the lot/unit, address conduct and activities within and upon private lots/property.

CC&Rs (aka covenants), typically, also specify that prior approval from the association must be received before there are any exterior changes to the private property. Boards typically create guidelines (in the form of a policy resolution) that sends a standard of what exterior changes will or will not be approved.

Now, are you discussing Rules and Regs or exterior changes to the private property (which is a covenant issue)?

If your discussing exterior changes, then yes, it's likely that the Association may "go after" anyone who made an exterior change without prior approval (as the covenant was likely recorded). The issue won't be that you painted your house yellow. It will be that you failed to obtain prior permission (as outlined in the CC&Rs) before you painted the house yellow.