Changing the rules and regulations

Started by SandyW1 • 5 replies • 1276 views

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SandyW1 (California)
Posts: 12

Posted:

My question is this: We just updated our rules and regulations. Went through the lawyers, and then had them adopted by the homeowners (all homeowners had 30 days to dispute them) It took a very long time, over 3 months. I am the treasurer.
One of the rules is that "no potted plants or ornaments are allowed on the front porches."
The president announced in our monthly newsletter that we are going to premit 3 potted plants only.
I asked him at the meeting "Can we do that?, change the rules without going through all the lawyers and everything? He said 'yes".
I do not think we can. What is the answer?
Confused in California.

RichardD (North Carolina)
Posts: 66

Posted:

SandyW1
Sounds like you just had a major rework of your R&R's. Maybe you had a committee doing the rewrite and then passed it by the association for approval. In our association, and quite a few others, the Board of Directors are empowered to amend the R&R's, so that may be the case with yours. The authority of the board should be found in the Declaration and/or ByLaws. If this is the case then the President,(acting with the board), could amend the no flower pot rule.
Suggest you study your ass'n documents to see who has the power to amend R&R's. RichardD

RogerB (Colorado)
Posts: 5,067

Posted:

Sandy, Lawyers do not approve nor amend the Rules and Regulations. This is done by the Board or by the members depending on your CC&Rs or By-laws.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Sandy.
If you remember how your association rewrote the rules and regulations, then your answer is there. The Board's committee wrote them, sent them to the residents for approval or review and then adopted them. Lawyers do not take care of rules and regs. This is a Board, committee or ownership duty so they also have the right to change them.

DorothyB (California)
Posts: 6

Posted:

The Davis-Sterling Act addresses that issue, page 38 of the 2006 Condo Blue Book. The changes should be noted, given the time for comment and advise all homeowners by mail, web, or whatever method you use to communicate with the members.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

SandyW1: The answer is in your official documents: Declaration & Bylaws. These are documents which are official because they are filed with appropriate state/county offices. To make a change/amendment to these two documents, you must follow the process as dictated by them--a percentage of homeowners must vote.

If you are indeed speaking of Rules & Regulations, which is the least authoritative document, since it does not require official filing, yes,the Board can change it at will. If the Board wants to change the flower pot rule, they should communicate the change in writing to the community so there is a paper trail and everyone is informed and on the same page.

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