By-law reconstruction with 3 different unit types

Started by LukeH • 4 replies • 452 views

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LukeH (Iowa)
Posts: 2

Posted:

Hey everyone-

I live in an HOA Community with 3 different kinds of units: Condos, single row townhomes, and bi-attached condos. There are 3 different covenants for each of the communities that govern those areas AND a separate set of rules that govern everyone. There are things that can contradict each other within the documents and the BOD has the power to interpret them to their discretion, which has led to backlash and upset members of the community.

I am part of a committee that is working on a by-law restructure with the aim to create 1 uniform document to govern everyone. The documents in general have NOT been updated since their creation in 1979. Amendments have bene voted and approved in the past but often times, the BOD can still interpret those and other documents to their own discretion.

Does anyone live in a community with multiple types of units? How is the covenants and by-laws set-up?

Any input would be appreciated!

Luke

SheliaH (Indiana)
Posts: 6,964

Posted:

First, I hope the committee works with an attorney on this because you want the CCRs to stand up in court.

You said there are different CCRS for each community, which may seem odd, but if the condos are some sort of high rise building, that's different from a townhouse, which usually has one or two common walls between units. Because of that, you may need to keep some CCRs that speak to the unique qualities of these units.

Generally, CCRs dictate how the common areas are to be used whereas the Bylaws dictate how the community is to be run, so be sure you know which one you're working with. I don't know if the Bylaws actually gave the board the power to interpret the CCRs or Bylaws however they wanted - that doesn't make any sense (apparently previous owners let the board get away with it and now your group has to try and clean things up). I'd start with the Bylaws and the areas that are most problematic and then move to the CCRs. You could also divide your committee to where one group will address the CCRs and the other the Bylaws.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JeffT2 (Iowa)
Posts: 880

Posted:

You will need to amend the documents for all of these entities. The condominium documents are called the Declaration and bylaws. The bylaws are legally part of a condo declaration and are recorded.

I suspect that by-laws are not the main document that needs to be amended.

Find a lawyer who has done multiple communities before and has sample documents from other communities. Your committee can get a head start on what you want before going to a lawyer.

What needs to be changed? Are we talking restrictions in the community, or elections, or?

The board may be able to interpret your documents, but there are definite limits on their discretion. The board must act in the best interests of the community, for one.

To be clear: do you have two condominiums, one HOA (the townhouses), and one master association?

Condominium declarations don't expire. However, covenants for the non-condominiums expire after 21 years. Have they been renewed and recorded before the 21 years was up, i.e., before the year 2001?

LukeH (Iowa)
Posts: 2

Posted:

Thank you a lot for the response!

Yes- Nothing has been updated since its creation in 1979/1980. Bylaws for everyone with amendments. Honestly, it has been so confusing and people are interpreting it in different ways.

We want to create one uniform Bylaws/declarations document that governs everyone

Luke

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