Covenants article 4.3 Rules and Rugulation

In our covenants article 4.3 Rules and Regulations governing use of the association property and common property. The association, through its board of directors, shall regulate the use of the common property and any association property ( hereinafter, collectively "common property ) by its members and owners and may from time to time promulgate such rules and regulations consistent with these restrictions, governing the use of thereof as it may deem to be in the interest of its members.Without limiting the foregoing, the association shall have the right to promulgate rules and regulations governing use of common property by members.A copy of the rules and regulations established hereunder and any amendments thereto shall be made available to all members of the association. Our covenants were establish and deeded in 2005.

My questions can the board rewrite the rules and regulations of article 4.3 of the covenants to change it to include regulate the lots, units, and common properties without approval from its members? I believe they're changing the original covenant of article 4.3.

Common property definition in our covenants reads as follows.
shall mean and refer to the real property depicted upon the Record site plan that is not part of any lot, including the entrance, the roads, the private open spaces, the lakes and storm water management areas, intended for the benefit, use and enjoyments of owners of properties in The Preserve. All common property is subject to these restrictions and to all easements or right of way previously granted by the declarant or its predecessors in title.

thanks
gary

Gary,

You need to do a little more research on the subject.

Can the Board update Rules and Regulation, the answer is yes, as long a s the changes are consistent with the CCRs.

Because you mention lots, you must have single family detached homes. For example HOA have rules that may state no A/C are to be allowed in common area facing windows, can't have a clothes line, have a shed in the back yard, etc. I believe language about units and lot will be in another section of the CCRs.

Rules and Regulation have to be "fair and reasonable" and HOA will have some latitude if they follow those rules.

If I understand him correctly, Gary is asking if the board can change the covenants so that the board can make rules about Owners' separate interest--their private property. He didn't ask if the board can change the rules & regs.

In order to amend our covenants we need 75% of our owners.

Yes, I am asking if the Board of Directors can change the wording from the article 4.3 of the covenants use of common property to add Owners lots and Units without having a vote from its owners.

I think you answered your own question Gary when you wrote that 75% of the owners need to approve changes to the covenants. the Board may NOT "update" the covenants.

Just make sure there's nothing in the covenants, maybe elsewhere, about the HOA's control (or not) over your private homes & lots.

The BOD may NOT unilaterally change ANY wording of the Covenants.

PERIOD END OF CASE

They may, however, issue and change Rules and Regulations AS PER SAID COVENANTS.

Thanks,
one last statement.
Our covenants article 4 sub 4.3 Rules and Regulations governing use of common and association property. The board can regulate the use of common property.

This where the board is updating the rule and regulations to add the wording lots and units to the covenant article 4 sub 4.3 with more information from our article 8 building and use restrictions. Which has A/C guide lines and General Building Requirements for residences on lots.

The board is taking covenant article 8 and adding more restrictions and putting under the article 4 .3 R/R for common property since the added the new wording.

I believe this can't be done without a vote from the owners. Am I thinking right?

That's exactly what I am thinking why do they time want to go through this again.
Thanks time will tell at our next meeting in October