Fireworks

The rules of our community state there shall be no fireworks of any kind set off in the neighborhood. This past 4th of July our management company provided approval for fireworks to be done in the pool area of the neighborhood. I posed the question to her citing the rule and article number in the bylaws of the neighborhood and I was told that the county and state laws override those of the community. Is this correct as the bylaws clearly state there shall be no fireworks?

Basically, unless recognized civil rights (or satelite dishes) are involved, laws which are more permissive than CC&Rs cannot over-ride those as stated in the CC&Rs.

Interesting, Douglas. What is the wording in your bylaws that gives the board the right to approve a "variance" to override the bylaws?

Our Board can pretty y easily change rules, but most bylaws I've heard about require a simple majority of Owner approval to change them.

Oh, wait, maybe i have seen one or two HOAs on this forum where the Board has that power--can't quite remember. Looong time ago.

My question as well.

RULES can certainly be changed. However, the restrictions that are written into the deed restrictions often provide no such variance authority to the board.

To the OP, if the governing documents do not give the board the authority to waive restrictions that are written into the documents (vs rules which are made up by the board and may be changed) then the board has no authority to grant approval for such fireworks. Even if 90% of the members said they wanted them, the board would be powerless to waive the restriction on their own. they COULD call for a vote of the membership to change the restrictions, of course.

Are you referencing "Rules & Regulations" or "Covenants, Conditions, & Restrictions (CCR's)"??? If it is in the CCR's then potentially the CCR's supersede UNLESS the State or County Law defers to the CCR's as this documents is attached to property titles and agreed to by all owners. If in just simple Rules and Regulations which were passed by a few members such as the Board, then the County and State Law most likely supersede. When you reference Bylaws ... bylaws generally are the document governing actions of the BOD for meetings, describe board and officer titles, etc. You need to note which document is being referenced.

Our board has the right to change the bylaws, but the community also has the right with a 2/3 vote.

ARTICLE VIII: AMENDMENT OF BYLAWS
Section 1. Powers of Directors to Amend
The Board of Directors shall have power to make, amend and appeal the Bylaws of the
Board, provided, however, that all changes conform to the Articles of Incorporation, i.e.,
Charter of the Association and to "The Declaration of Conditions, Covenants, Restrictions,
Easements and Charges Affecting the Real Property Known as XXXXXXXX at
, i.e., covenants as recorded, and the laws of the State of Maryland.
Section 2. Powers of Members to Amend
From time to time, the Members entitled to vote, as set forth in the Charter and the
Covenants, may make, alter, amend and repeal any of the Bylaws of the Association, by a
two-thirds (2/3) vote of a quorum at the annual meeting or at a special meeting called for
the purpose, and all bylaws made by the Directors may be altered or repealed by such
Members

Kerry- The wording is very similar to what is posted above. We can change the bylaws as we see fit. It doesn’t happen though. Our bylaws are very liberal and don’t see it ever needing changed.

In the original post, the term was “rules of the community”, not the covenants.
Rules can be changed by the BOD. Bylaws can be changed by the BOD. Changing the covenants requires a membership vote.

The BOD nor the Mgmt Company should override the CCR's ... again, because this document is attached to property titles and is the document if or when a lawsuit is filed will be what the Court will rely upon in any judgment. And the Management Company should NOT be making any such decision without the Board approval. Even if you are still under Declarant/Developer control ... with any litigation the buck STOPS with the Board of Directors ... whether Owner ran or Developer ran.

Of course this was a few months past ... so not sure what your issue is now? If you are looking to stop in the future ... potentially at that time you will be a homeowner board.