Rule Change Without Meeting

Don’t know about your state but most states allow decisions in lieu of a meeting. This is very common as long as it’s noted in the next minutes that the action of the rule took place. It actually doesn’t have to be in the minutes, ours just has a separate form.

About the rule itself, in the current climate, pools are being allowed they come under seasonal equipment and actually don’t require a rule at all.

Let the kids have their pools if they can even find one.

Maybe - it depends what the OP's CC&Rs say.

If they prohibit above ground pools, then I think the board would need to consider whether this refers to permanent structures (by which I mean something that remains in place for multiple years) or if a 15-foot pool could be considered temporary and seasonal as Sheila suggested. With a community pool, it's likely these private pools are temporary and may not be a violation of the covenants.

Or if the board decides that these pools would actually be a violation, this could be viewed as a pre-emptive announcement that they would not enforce this particular covenant for this summer only.

Of course the board also needs to consider if they're setting a precedent. But I think most of us hope and believe that the covid-19 pandemic will eventually end and that life will go back to normal at some point.

As CathyA3 is suggesting, this may have been a 'corporate action without a meeting.' Every state I have looked at says this is allowed as long as the vote by the directors is unanimous, with all directors providing consent in writing (email?), and typically to be documented in the next meeting's minutes.

I also keep in mind that there is likely going to be a run on above-ground pools, since nationwide, rec centers (indoor and outdoor) are expected to remain closed. I think I have a high standard for boards, and I want them following the covenants. But in this pandemic, so far I am not seeing anything in this thread deserving of strong criticism. On the contrary, I see what may be wisdom coming from the OP's board.

The situation around pools is something that I personally don't understand based on the language from the declarations and then elaborated more in the rules and regulations.

Here is the Declaration language: "No owner or occupant shall construct a swimming pool of any type or size, whether permanent or temporary, on any of the lots except with the written consent of the Board. A portable child's swimming pool not greater than six feet in diameter may be maintained and situated on a deck, patio, or an enclosed area of each dwelling unit."

Based on that, the declaration is stating that the ability to have a pool with written consent of the board.

Here is the rules and regulations: " The following provisions are supplementary to the existing swimming pool requirements as stated in the governing documents: 1) no owner/occupant shall construct a swimming pool of any type or size, whether permanent or temporary. 2) A portable child's swimming pool not greater than six feet in diameter may be maintained and situated on a deck, patio, or an enclosed area of each dwelling unit."

Our association lawyer has maintained that the Board has the ability by simple 2/3 board majority to change the rules and regulations. It's actually been an ongoing discussion in our community to have the Board change the RULES to allow for blank approval of above ground pools. They've already been allowing in-ground pools.

So long story short, they said it was on the May agenda which we never got sent, that meeting was cancelled, and then they decided to allow the temporary 15ft pools and will ratify it at the June meeting.

Yes, the board does have the right to change rules and regulations. However, the CC&Rs have to be amended, and this requires an affirmative vote of the membership (usually needs a super-majority such as 67% or 75%).

It does sound like the board is within its rights to pre-emptively approve above ground pools. Whether the issue was urgent enough to justify an action in writing according to IL law is an open question.

The problem all of us are having right now, though, is that HOA laws were written without envisioning something like covid-19, which leaves boards to do the best they can with the sometimes inadequate tools at their disposal.

From the outside, it appears to me that this is a good-faith attempt to do what the board believes is in the best interest of the community - pool season will be upon us before a June meeting could take place, and they likely didn't want to make people wait.

Do either the Bylaws or Declaration say 2/3rds of the directors must agree to the change? Normally a simple majority of the board is all that is needed to change rules, with the caveat that the rules have to be consistent with the CC&Rs.
For what it is worth, by my reading the Board could lawfully do this.
As long as the vote outside of a meeting was unanimous and documented with written consent (pursuant to the Illinois Nonprofit Corporation Act), this sounds lawful to me.

Also if folks there are wondering if the covenant on swimming pools is ambiguous or contradicts itself, I say no: Constructing a pool is different from going out and buying a portable child's pool six feet in diameter or smaller.

If you are wondering whether the Board-written rules and regs giving blanket approval denotes "written permission" of the Board, I say yes, legally it does.

Rules, Covenants, Bylaws are 3 very different subjects. A BOD can make rules with no input/voting from owners. That said, rules cannot override Covenants nor Bylaws but many try to use them to do so.