Can a Resolution add or change the CC&R's

Looking for some guidance....

First off concerning the rules of resolutions by the Board of a HOA in the State of Arizona. I would like know if they are different than other states?

In our Community the board passed a resolution that stated "Additional Owner Obligations" and their were three stated items. I look at that as adding something new and not clarifying what was in is our CC&R's, I questioned what they acted on by unanimous vote. So I'm searching the internet and found HOATalk. I seem to be the only one having an issue with this but I'm trying to gather information so I can speak on more solid ground. I appreciate any guidance in this matter. Thank You
John

That doesn't sound right at all. I doubt those "additional obligtions" are valid. They're almost certainly not enforceable. Unless your association is really unusual I'd guess that your board has no authority to establish new obligations for anyone. You should find and read the actual governing documents of the association. They should contain language that describes how to properly make amendments. Odds are that a certain percentage of owners will need to vote in approval of them.

John

Geno and Augustin provide reliable analysis and rationale. However, many times the governing documents may contain language which uses words along the lines of "or such guidelines as may be adopted by the Board of Directors" or "as may be defined and modified from time to time by the Board of Directors"

I will provide a real life example: the documents of one of our client associations state " . . exterior paint colors shall be selected from the list below or as may be modified from time to time by the Board." The Board elected to expand the color palatte, the expansion was challenged, and their action stood up.

You are right in asking if the changes are adding something new or are clarifying language in the documents. But, look at the proposed changes in their totality relative to the possibly enabling language in the sentence or paragraph above or elsewhere in the documents, especially the language which describes the responsibilities and capabilities of the Board with respect to clarification and definition of language in the CC&Rs.

Bill's advice is good, too. If the new "obligations" are actually "Rules & Regulations" then they may be appropriate and valid. Amended Rules & Regulations CAN impose obligations on owners, but it depends. i.e. pool used to be open until sunset and a new rule says 6:30 PM; residents would be obligated to abide by the 6:30 PM closing time.