💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MarkW (Nevada)
Posts: 7
Posted:
I recently joined an HOA and am on the board. Reading the by laws there are absolutely no rules pertaining to any outside activity just rules about buying shares willing shares officers and there duties.
I installed a small 8' dock and was told I couldn't do this because the DEQ would not allow it. I contacted the DEQ and was told there was not an issue as long as I was not attached to a sea wall or permanently attached to lake bottom. I was soon told by the president that I could not do this . When I questioned the fact that it was not in the by laws, He informed me that it had been voted on nearly 25 years ago and it was in the minutes from that meeting so I could not do this. I have come to learn that this person does this all the time since he has been in the HOA for many years. I want to challenge his authority.
Can anyone tell me if rules have to be in the by laws we are given or can he use minutes (Haven't seen them yet ) from a meeting held years ago ??
HELP !!!
RichardP13 (California)
Posts: 3,868
Posted:
Rules would be in the CCRs (Conditions, Covenants and Restrictions), which is a legally recorded document. You could have separate Rules and Regulations and you could have Architectural Guidelines. They would not be in your Bylaws.
MarkW (Nevada)
Posts: 7
Posted:
Sorry somehow this got to the wrong Mark W. Just so you know I live in Michigan.
MarkW (Nevada)
Posts: 7
Posted:
There is no CCRs. The by laws are so old it states you must contact members by letter or telegraph.
GenoS (Florida)
Posts: 4,276
Posted:
Well... I can only give you a Florida perspective. Perhaps it's applicable in Nevada, too. Covenants and deed restrictions dictate what you can (or cannot) do on your property. Those documents and any amendments made to them need to be recorded in the county's official record books to be valid. Meeting minutes are not required to be recorded. If it's not in the governing documents recorded with the county then it's an invalid restriction since a prospective owner would have no way to find out about it ahead of time.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Typically Rules and Regulations (R&R's)can be made by the BOD. They cannot override a Covenant nor a Bylaw. R&R's can be changed by a BOD. R&R's are not part of the Covenants nor Bylaws.
GenoS (Florida)
Posts: 4,276
Posted:
Rules & Regulations can also dictate certain behavior, but they cannot conflict with the CCRs, the Bylaws or the Articles of Incorporation. Having said that, the power to enact Rules and Regulations flows from the CCRs and any mention of Rules and Regulations in the CCRs should prompt one to dig deeper and obtain a copy of them prior to purchasing.

Nevertheless, unless the bylaws give the board the power to prohibit structures such as boat docks then no simple board vote - as reflected in the minutes - can give the association that power. Since they originally told you the DEQ wouldn't allow it, and that was BS, I expect they're just making things up as they go.

What kind of HOA doesn't have CCRs or a "Declaration of Covenants and Restrictions"? I know nothing about Nevada law but perhaps you don't even live in a "real" HOA?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By MarkW on 06/13/2017 2:43 PM
Sorry somehow this got to the wrong Mark W. Just so you know I live in Michigan.

Tim ... Apparently MarkW is showing location as Nevada instead of Michigan, can you fix???
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By MarkW on 06/13/2017 2:45 PM
There is no CCRs. The by laws are so old it states you must contact members by letter or telegraph.

If there are no CCR's then potentially you would follow your Bylaws and State Laws. For Michigan I found:

https://micondolaw.com/michigan-hoa-law/

A “Homeowner Association Act” does not exist in Michigan. Subdivisions are established under the Michigan Land Division Act. Most Homeowner Associations that govern subdivisions are setup as nonprofit corporations and are subject to the Michigan Nonprofit Corporation Act.

Land Division Act: http://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-288-of-1967.pdf

Non-Profit Corporation Act: http://www.legislature.mi.gov/(S(1q1lajszuksv04qmck10kwy2))/mileg.aspx?page=GetObject&objectname=mcl-act-162-of-1982

Same as others I would contend items must be in the governing documents. Simple meeting minutes do not legally bind homeowners.
WalterM3 (Georgia)
Posts: 442
Posted:
Quote:
Posted By RichardP13 on 06/13/2017 2:43 PM
Rules would be in the CCRs (Conditions, Covenants and Restrictions), which is a legally recorded document. You could have separate Rules and Regulations and you could have Architectural Guidelines. They would not be in your Bylaws.

Our Bylaws state that the Board may:

(d) Adopt, modify, and repeal such reasonable Rules and Regulations as it deems necessary and appropriate for the governance of the Development including, but not limited to, the use of the Common Areas and the personal conduct of the Members and their guests thereon, or the administration of the affairs of the Association and to impose sanctions for violations thereof, including , but not limited to, monetary fines not exceeding fifty dollars ($50.00) per violation or fifty dollars ($50.00) a day for any continuing violation; provided , however, the membership may repeal and rescind any rule or regulation adopted by the Board upon call of a meeting and consent of a majority of the total number of Eligible Votes in the Association."
LV (South Carolina)
Posts: 38
Posted:
Why don't you go the county and see if CCR's were recorded. They should be recorded with the county.
WalterM3 (Georgia)
Posts: 442
Posted:
Quote:
Posted By LV on 06/14/2017 5:57 AM
Why don't you go the county and see if CCR's were recorded. They should be recorded with the county.

It seems to me that until they are recorded at the county or some other jurisdiction, they would have no legal force. That just seems reasonable.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here