HM5 (Arizona)
Posts: 1
Posts: 1
Posted:
Google Search finds the process for changing CCRs and By-laws, but not the Rules & Regulations. Anybody have experience with this or know where I can find accurate information?
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Steps required for amending Rules & Regulations in Arizona?
Started by HM5 • 7 replies • 273 views
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TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Rules and regulations (for common areas) are considered resolutions by the board of Directors.
To my knowledge, there is no formal process in statutes. Your board should adopt a policy on how to create them.
Our Associations policy is:
1) Draft policy is presented to the Board
2) Board makes changes, making sure there is no conflict with other documents, and then sends a draft to the membership for comment
2a) Board may or may not hold a general membership meeting to discuss draft.
3) Board makes changes based on membership comments/concerns making a proposed resolution.
4) If needed, board sends proposed resolution to attorney for comments
Note: Legal comment is not required in many cases.
4a) Board makes final changes to document based on legal review.
5) Board formally votes to adopt policy
6) Adopted policy is sent to membership
NOTE: Policy takes effect no earlier then 14 days after publication to members.
Expecting that Board meetings are held monthly, this could be a 6 month process.
To my knowledge, there is no formal process in statutes. Your board should adopt a policy on how to create them.
Our Associations policy is:
1) Draft policy is presented to the Board
2) Board makes changes, making sure there is no conflict with other documents, and then sends a draft to the membership for comment
2a) Board may or may not hold a general membership meeting to discuss draft.
3) Board makes changes based on membership comments/concerns making a proposed resolution.
4) If needed, board sends proposed resolution to attorney for comments
Note: Legal comment is not required in many cases.
4a) Board makes final changes to document based on legal review.
5) Board formally votes to adopt policy
6) Adopted policy is sent to membership
NOTE: Policy takes effect no earlier then 14 days after publication to members.
Expecting that Board meetings are held monthly, this could be a 6 month process.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
HM5
Tim gave an excellent response. Allow me to warn you that a R&R cannot override/replace a Covenant nor Bylaw. R&R's can clarify such as the pool will be open 10am to 6pm but a R&R cannot eliminate the pool. Many BOD's get in trouble by trying to control/eliminate rentals with R&R's.
Tim gave an excellent response. Allow me to warn you that a R&R cannot override/replace a Covenant nor Bylaw. R&R's can clarify such as the pool will be open 10am to 6pm but a R&R cannot eliminate the pool. Many BOD's get in trouble by trying to control/eliminate rentals with R&R's.
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Another (very common) example of rules/regs would be architectural guidelines.
HM5,
If you are on the board and need a document as an example to create your own policies, email me [email protected]
HM5,
If you are on the board and need a document as an example to create your own policies, email me [email protected]
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I'm surprised that there is nothing in AZ HIA statutes about Rules & Regulations given that it's such an owner-friendly state and since they are governing documents. As I recall there's two sets of statutes in AZ one for detached homes HOAs and one for condos, so please tell us your type.
Some rules are so complex that I can agree with Tim that you'd want an actual resolution, full of "whereases" and "Therefores." And I can see that some proposed rules may require the HOA attorney's advice. Our HOA, for instance, did a complete reworking of our ARC Guidelines, which are, indeed, a governing document, and our attorney vetted it.
But the way I see it, unless AZ require otherwise, a director simply makes a motion at an open meeting and the Board discusses it. In AZ, I think, owners may contribute comments to any agenda items during the open meeting. It looks like this:
A posted open meeting agenda under New Business has an item: "Proposed Rule: Pets are not allowed on any association interior or exterior common area furniture." At the meeting, The item contributor starts with, "Now that we have all new furniture in our lobbies, to keep it clean and fresh, I move no pets are allowed on common area furniture. Someone seconds the motion. Board members & owners discuss.
The Board votes to approve proposing this new rule. Now here's where statute might play a role. In Ca, for instance, once the Board approves the proposal of the new rule, it must be sent to owners for a 28-day comment period. The notice must include the purpose & effect of the rule. Owners may comment in writing to return for use in the next board meeting. Or they may comment at the next open meeting 30 days after the Board approved sending out the proposed rule.
At the next open board meeting the proposed rule is on the posted agenda as Unfinished business: "Proposed rule to prohibit pets on common area furniture." At that point in the meeting, the Board discusses the written comments from owners and invites oral comments--in AZ.. After that, a director makes a motion to (let's say) approve the proposed rule to blah, blah. So,for simple rules the time can be quite brief between proposal & implementation.
So, you need to know the extent to which Owners in your must participate in rule formation or changes. And the number of days' notice, once approved, before the rule goes into effect.
Some rules are so complex that I can agree with Tim that you'd want an actual resolution, full of "whereases" and "Therefores." And I can see that some proposed rules may require the HOA attorney's advice. Our HOA, for instance, did a complete reworking of our ARC Guidelines, which are, indeed, a governing document, and our attorney vetted it.
But the way I see it, unless AZ require otherwise, a director simply makes a motion at an open meeting and the Board discusses it. In AZ, I think, owners may contribute comments to any agenda items during the open meeting. It looks like this:
A posted open meeting agenda under New Business has an item: "Proposed Rule: Pets are not allowed on any association interior or exterior common area furniture." At the meeting, The item contributor starts with, "Now that we have all new furniture in our lobbies, to keep it clean and fresh, I move no pets are allowed on common area furniture. Someone seconds the motion. Board members & owners discuss.
The Board votes to approve proposing this new rule. Now here's where statute might play a role. In Ca, for instance, once the Board approves the proposal of the new rule, it must be sent to owners for a 28-day comment period. The notice must include the purpose & effect of the rule. Owners may comment in writing to return for use in the next board meeting. Or they may comment at the next open meeting 30 days after the Board approved sending out the proposed rule.
At the next open board meeting the proposed rule is on the posted agenda as Unfinished business: "Proposed rule to prohibit pets on common area furniture." At that point in the meeting, the Board discusses the written comments from owners and invites oral comments--in AZ.. After that, a director makes a motion to (let's say) approve the proposed rule to blah, blah. So,for simple rules the time can be quite brief between proposal & implementation.
So, you need to know the extent to which Owners in your must participate in rule formation or changes. And the number of days' notice, once approved, before the rule goes into effect.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
I'm surprised that there is nothing in AZ HIA statutes about Rules & Regulations given that it's such an owner-friendly state and since they are governing documents. As I recall there's two sets of statutes in AZ one for detached homes HOAs and one for condos, so please tell us your type.
Some rules are so complex that I can agree with Tim that you'd want an actual resolution, full of "whereases" and "Therefores." And I can see that some proposed rules may require the HOA attorney's advice. Our HOA, for instance, did a complete reworking of our ARC Guidelines, which are, indeed, a governing document, and our attorney vetted it.
But the way I see it, unless AZ require otherwise, a director simply makes a motion at an open meeting and the Board discusses it. In AZ, I think, owners may contribute comments to any agenda items during the open meeting. It looks like this:
A posted open meeting agenda under New Business has an item: "Proposed Rule: Pets are not allowed on any association interior or exterior common area furniture." At the meeting, The item contributor starts with, "Now that we have all new furniture in our lobbies, to keep it clean and fresh, I move no pets are allowed on common area furniture. Someone seconds the motion. Board members & owners discuss.
The Board votes to approve proposing this new rule. Now here's where statute might play a role. In Ca, for instance, once the Board approves the proposal of the new rule, it must be sent to owners for a 28-day comment period. The notice must include the purpose & effect of the rule. Owners may comment in writing to return for use in the next board meeting. Or they may comment at the next open meeting 30 days after the Board approved sending out the proposed rule.
At the next open board meeting the proposed rule is on the posted agenda as Unfinished business: "Proposed rule to prohibit pets on common area furniture." At that point in the meeting, the Board discusses the written comments from owners and invites oral comments--in AZ.. After that, a director makes a motion to (let's say) approve the proposed rule to blah, blah. So,for simple rules the time can be quite brief between proposal & implementation.
So, you need to know the extent to which Owners in your must participate in rule formation or changes. And the number of days' notice, once approved, before the rule goes into effect.
Some rules are so complex that I can agree with Tim that you'd want an actual resolution, full of "whereases" and "Therefores." And I can see that some proposed rules may require the HOA attorney's advice. Our HOA, for instance, did a complete reworking of our ARC Guidelines, which are, indeed, a governing document, and our attorney vetted it.
But the way I see it, unless AZ require otherwise, a director simply makes a motion at an open meeting and the Board discusses it. In AZ, I think, owners may contribute comments to any agenda items during the open meeting. It looks like this:
A posted open meeting agenda under New Business has an item: "Proposed Rule: Pets are not allowed on any association interior or exterior common area furniture." At the meeting, The item contributor starts with, "Now that we have all new furniture in our lobbies, to keep it clean and fresh, I move no pets are allowed on common area furniture. Someone seconds the motion. Board members & owners discuss.
The Board votes to approve proposing this new rule. Now here's where statute might play a role. In Ca, for instance, once the Board approves the proposal of the new rule, it must be sent to owners for a 28-day comment period. The notice must include the purpose & effect of the rule. Owners may comment in writing to return for use in the next board meeting. Or they may comment at the next open meeting 30 days after the Board approved sending out the proposed rule.
At the next open board meeting the proposed rule is on the posted agenda as Unfinished business: "Proposed rule to prohibit pets on common area furniture." At that point in the meeting, the Board discusses the written comments from owners and invites oral comments--in AZ.. After that, a director makes a motion to (let's say) approve the proposed rule to blah, blah. So,for simple rules the time can be quite brief between proposal & implementation.
So, you need to know the extent to which Owners in your must participate in rule formation or changes. And the number of days' notice, once approved, before the rule goes into effect.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Sorry, "HOA statutes."
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Sorry, "HOA statutes."
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