WalterB (California)
Posts: 6
Posts: 6
Posted:
Can the President of the HOA use updated by-laws or regulstions to change items in the CC&R's that are voted and approved by the association members?
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Started by WalterB • 6 replies • 1128 views
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GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Quote:
Posted By WalterB on 04/10/2017 10:12 PM
Can the President of the HOA use updated by-laws or regulstions to change items in the CC&R's that are voted and approved by the association members?
Can the President of the HOA use updated by-laws or regulstions to change items in the CC&R's that are voted and approved by the association members?
Changes to the bylaws cannot contradict the CCRs. Trying to effect changes in the CCRs by changing the Bylaws - through the back door, so to speak - is impermissible chicanery. This is established case law in Florida, not too sure about California but I wouldn't be surprised if CA was on the same page as FL in this regard.
With that said, an HOA president, acting alone, cannot do anything. The board of directors usually votes as a whole on proposed amendments to the governing documents. In most cases, the owners will also have to approve amendments to the documents. If the board is authorized to amend the Bylaws without needing the approval of the owners (rare but not unheard of), then it still can't do anything in the Bylaws that would result in an end-run around the CCRs.
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Walter
Can you give some examples of items the individual is changing.
Can you give some examples of items the individual is changing.
DouglasM6 (Arizona)
Posts: 724
Posts: 724
Posted:
Without more details, I would have to say the Board (not the President) can issue/approve waivers.
More details please.
More details please.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
With others, the president has no such power. With others, examples, please.
Here's what has me stumped: If owners voted to approve changes in the CC&Rs, why couldn't the Board bring the Bylaws or Rules & Regs into concert with the CC&Rs?
Here's what has me stumped: If owners voted to approve changes in the CC&Rs, why couldn't the Board bring the Bylaws or Rules & Regs into concert with the CC&Rs?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By DouglasM6 on 04/11/2017 8:17 AM
Without more details, I would have to say the Board (not the President) can issue/approve waivers.
Without more details, I would have to say the Board (not the President) can issue/approve waivers.
Only if the CC&Rs authorize the Board to approve waivers.
If not, then the Board must comply with the CC&Rs
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Walter,
The typical hierarchy of precedence for Associations is:
Federal Laws
Federal Regulations
State Laws
State Regulations
County Codes
City Ordinances
Deed Restrictions (your covenants)
Articles of Incorporation (if incorporated)
Bylaws
Resolutions (rules/regs adopted by the Board)
No lower precedent document may conflict with a higher document.
If a conflict exists the higher document controls (must be complied with) unless that higher document gives control to the lower document.
Now, if a conflict exists and the Board refuses to recognize the conflict, the options are limited:
Encourage the Board to seek a legal opinion
Have your attorney send a letter with their legal opinion
Recall the Board
Take the issue to court
The typical hierarchy of precedence for Associations is:
Federal Laws
Federal Regulations
State Laws
State Regulations
County Codes
City Ordinances
Deed Restrictions (your covenants)
Articles of Incorporation (if incorporated)
Bylaws
Resolutions (rules/regs adopted by the Board)
No lower precedent document may conflict with a higher document.
If a conflict exists the higher document controls (must be complied with) unless that higher document gives control to the lower document.
Now, if a conflict exists and the Board refuses to recognize the conflict, the options are limited:
Encourage the Board to seek a legal opinion
Have your attorney send a letter with their legal opinion
Recall the Board
Take the issue to court
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