HOA Rules and Regulations

E hav a lot of rules in the CC&Rs, but most are in a separate governing document. I think it's best because rules can become obsolete and that would require the entire HOA voting to eliminate or amend the rule. A Rules & Regs governing document can be changed by the Board with Owner feedback.

It is very difficult to change the Bylaws or CC&R's.

But if you look at the below Hierarchy, you will see under Rules and Regulations where the Board can create 'Operating Rules'. (These rules require a 28 day notice to the homeowners, but the Board can just vote the rules in - though they can be vetoed)

Basic Homeowners Association Documents and Hierarchy of Authority

All associations have the following basic set of governing documents (listed in order of hierarchy) that dictate how a community may be governed:
1. Federal and state law - Unless the statute defers to the association's documents.
2. Declaration of Covenants, Conditions & Restrictions (CC&Rs) - Contains the rights and responsibilities of each member and the responsibilities of the HOA to its members. Information about architectural restrictions, property use restrictions, property maintenance standards, and more.
3. Articles of Incorporation - Includes basic information about the HOA including the name of the association, its location, and the purpose of the association.
4. Bylaws - Set out the technical rules and procedures for things like voting, the election of directors, and term limits.
5. Rules and Regulations - Details how the CC&Rs are interpreted and implemented.
1. Operating Rules
1. Regulations adopted by the board
2. Architectural Standards (ARC Guidelines)
3. Enforcement Policy
4. Election Rules

https://www.davis-stirling.com/HOME/R/Rules-Explained

First, the CCRs MUST give a Board the ability to create rules. Second, Rules MUST be "fair and reasonable".

For instance, if the CCRs didn't give the board the authority to create rules, in order to create parking rules, the CCRs MUST be amended.

The majority of the Rules and Regulations are created from the Use Restriction that Susan described. "Operating Rules" are not "use restrictions".

As the responses so far indicate, I think it just depends on the wording in the CC&Rs.

Do your CC&Rs include a procedure for submitting a complaint and how the complaint is to be investigated? How about a fine schedule? If not, I think these should be a part of the Rules and Regulations.

To ElleN's point: A Fine Schedule would be in the Rules & Regs and, as with a rules, in CA, changes to the Schedule must be sent to owners for their 28-day review.

Procedures for making complaints about alleged violations wouldn't usually be in the Rules & Regs, but would be a form or similar to fill out, yes, simply a procedure.

Do note, Susan, that JamesB & I are referring strictly to CA, where, unlike SC, for example, Owners have some voice in proposed rules and can with a lot work veto rules.

Thanks for clarifying, I’m in CA too so your advice is really helpful

SusanO3

I am in Texas and offer the following as a Texas requirement encountered in our experience you may wish to ensure does or does not apply in California.

With respect to Rules and Regulations, and Compliance as they are related, the Declaration must (and I emphasize must) contain specific language which empowers the Board to develop and apply a schedule of fines. If such language is not present it may not be possible for an Association to enforce a schedule of fines.

The language must clearly state something along the lines of: "The Board is empowered to develop and distribute a schedule of fines to be applied as part of a documented compliance process."

We encountered this some years ago in the Association in which we resided: the association attorney told the Board he would not represent the Association should fines be put in place as there was no enabling language for fines in the Declaration. He also would not support alternatives, such as calling the fines "special assessments".

He suggested amending the Declaration, which was possible but very unlikely as (at that time) approval of 75% of the 237 owners was required. The percentage is now 67% due to legislative changes, 8% is not going to make any difference.

Of course this reduced any type of compliance enforcement to the good will of the owner who was not in compliance with the documents. The Association is now 27 years old and it is simple to identify the miscreants during a casual drive-by.