Documents

Started by LaverneB • 4 replies • 733 views

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LaverneB (Florida)
Posts: 79

Posted:

Can the BOD put in a new rule without the members vote?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Depends... Is this in the By-laws or CC&R's? There is a difference. CC&R's are tied to the deed, must be filed, and majority vote. By-laws are internal HOA documents. Which don't typically have to be filed. Can be changed by a vote of board or owners. Depends on what it says.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Laverne,

Typically the Board may adopt, amend or abolish rules and regulations regarding behavior and conduct on common areas.

The Board may also adopt resolutions clarifying sections of the covenants, articles of incorporation or bylaws. One common resolution of this type would be architectural guidelines (which are the standards utilized for approving/disapproving exterior changes).

Typically membership vote is required to amend the Bylaws, Covenants or Articles of Incorporation. Check applicable state statutes and requirements within your own governing documents to make sure your Association is typical.

GenoS (Florida)
Posts: 4,276

Posted:

Our Bylaws say reasonable rules and regulations established by the Board must be confirmed or altered by a majority of the active members at the next annual meeting. As far as I know this is a very unusual arrangement since typically the Board has the power to enact Rules & Regulations and the homeowners' sole remedy, if they don't like them, is to vote in new directors who will undo the changes.

It depends on what your governing documents say.

BenA2 (Texas)
Posts: 1,273

Posted:

Unless your governing documents say differently, the board can generally make rules and regulations covering common areas but they cannot change the Covenants, Conditions, and Restrictions (CC&Rs) or make rules controlling individually owned property unless the CC&Rs give them that authority. The CC&Rs usually state what is required to change the CC&Rs. 2/3 or 3/4 of the owners approval is typical.

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