articles of incorporation, bylaws, and deed restrictions

Started by CynthiaP3 • 9 replies • 886 views

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CynthiaP3 (Texas)
Posts: 4

Posted:

Sighhh
so many questions, so here is the first.
we are a home owners civic association. so what does that mean exactly?

aren't the articles of incorporation, bylaws, and deed restrictions supposed to reflect each other?

when you have amendments to the above, shouldn't the amendments be inserted into the by laws/ deed restrictions so you have an updated document, instead of here is the by laws/ deed restrictions and oh here are the amendments to each you figure it out?
and I live on a lake where the river authority governs the water.
I am being told that because the river authority owns the property up to the property line that any decking that is falling apart on a property we the association cannot do anything about it.
I called the river authority here, and they are not and don't care about the land property, only the water way.
so how can we make the property owner fix there deck and decking?
I have also been told that our association did not incorporate the back yards on the water way into the restrictions so there is nothing we can do.
can we incorporate our back yards?
if so what do I need to do first.
I am exausted

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

do nothing.

you have no rights to tell people what they can and cannot do.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Steve ... let’s assume you’re making that comment tongue in cheek.

Cynthia, you need to provide far more information, including specific details of the issues you would like discussed ... as well as, if required, quotes from your governing docs. Additionally, I might recommend that you read a lot more about Texas HOA statues, as well as knowing your CCRs and Bylaws.

KerryL1 (California)
Posts: 14,550

Posted:

With George, tell us more specifically about your documents. What do you wan to know about them? Also, are you on the Board?

Is a home owners civic association a Texas thing?

There is a hierarchy or pecking order of governing documents. They don't necessarily "reflect" each other, they serve different functions-- but should not contradict each another. Someone can correct me if I have the hierarchy wrong. The higher level docs rule over the lower level ones IF there's a conflict between them

Articles of Incorporation

Covenant, Conditions & Restrictions -CC&Rs (AKA: declaration; Covenants; deed restrictions). Limits on what owners can do to & with their property

Bylaws: HOW your Association is governed, e.g., voting electing directors, officers, requirement for meetings & meetings n notices (if any)

Rules & Regulations. Maybe house colors, dog rules;

Perhaps Architectural Guidelines

You'd probably have to check the plat maps to see if the back yards are or are not part of your association

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By GeorgeS21 on 03/21/2019 4:15 PM
Steve ... let’s assume you’re making that comment tongue in cheek.

Nope, I'm serious. I'm a firm believer in individual property rights.

Cindy explained that the back yard, and docks are not governed by the HOA and therefore not subject to their rules.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Ha - funny.

RoyalP
Posts: 1,104

Posted:

Quote:

Posted By KerryL1 on 03/21/2019 4:32 PM
With George, tell us more specifically about your documents. What do you wan to know about them? Also, are you on the Board?

Is a home owners civic association a Texas thing?

There is a hierarchy or pecking order of governing documents. They don't necessarily "reflect" each other, they serve different functions-- but should not contradict each another. Someone can correct me if I have the hierarchy wrong. The higher level docs rule over the lower level ones IF there's a conflict between them

Articles of Incorporation

Covenant, Conditions & Restrictions -CC&Rs (AKA: declaration; Covenants; deed restrictions). Limits on what owners can do to & with their property

Bylaws: HOW your Association is governed, e.g., voting electing directors, officers, requirement for meetings & meetings n notices (if any)

Rules & Regulations. Maybe house colors, dog rules;

Perhaps Architectural Guidelines

You'd probably have to check the plat maps to see if the back yards are or are not part of your association

CCRs

(state corporate law)

Articles of Incorporation

Bylaws

Rules governing common elements

KerryL1 (California)
Posts: 14,550

Posted:

Our state laws take precedence over our CC&Rs in CA, UNLESS the state law says something like"....unless otherwise in your CC&Rs or bylaws, this statute governs...."

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By SteveM9 on 03/21/2019 5:09 PM
Cindy explained that the back yard, and docks are not governed by the HOA and therefore not subject to their rules.

I'm with Steve. The HOA has no power over any property it does not own. The property line ends 10 ft from the riverbank? People could abandon junk cars there and the HOA couldn't do much about it (aside from complaining to the property owner or the local code enforcement folks).

RoyalP
Posts: 1,104

Posted:

Quote:

Posted By KerryL1 on 03/22/2019 7:28 AM
Our state laws take precedence over our CC&Rs in CA, UNLESS the state law says something like"....unless otherwise in your CC&Rs or bylaws, this statute governs...."

correct

state law

CCRs

(state corporate law)

Articles of ......

etc

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