Changing by laws to limit building

I am currently on a committee discussing changing the by laws. Less than 15% of the plate are undeveloped. The president wants to restrict the size of the houses that can be built on plate below his house. Can we change that when it affects so few people? The development has been in existence since the 70's. I believe we should place these restrictions for so few.

First off, the "bylaws" generally means how the association functions as a corporation: for example, they define how many directors and officers you have, what their duties are, rules for running meetings, etc. It sounds like what you're talking about are "covenants, conditions, and restrictions" (CC&Rs, or Declaration). Some states like Michigan refer to all of these things as bylaws, but that's not the norm. The CC&Rs are contractual terms, and anyone who buys in the community association agrees to abide by these terms when they sign the closing documents. It's why boards can take action against people who violate the CC&Rs - and often individual owners also have the right to sue a neighbor who's doing something he shouldn't be doing.

So, what you're talking about sounds like amendments to the CC&Rs, specifically adding more restrictions. The rule of thumb is that the board can't amend the CC&Rs - it requires approval from a majority of the owners, usually a super-majority (67% or 75%). Some amendments may require unanimous approval.

So, in short, no the president can't do what he wants to do. He's free to buy the adjacent lot and build a house on it himself *as long as that house complies with the current restrictions in your CC&Rs*. If your community currently requires all homes to be above 2500 square feet, for example, he can't build something smaller. If he did, there would be legal wrangling in his future, and he will no doubt regret his mistake.

Personal opinion: understanding this is pretty basic for a board member. The president is announcing that he doesn't know what he's doing or he doesn't care about obeying the rules.

In California, the Declaration sets the standard on which the other governing documents are created. Does your Declaration reference building standards? Also, your Declaration should describe what is permitted on each separate interest. Ours all have to be treated ewually.

Another possibility is that Debbie is confusing Bylaws with Rules. This is very communion. But, to the main point, rules my not conflict with the CC&Rs/Declaration.. Your HOA must abide by them or amend them as others discuss.

Check your declaration. If it provides for design standards the Board can restrict the size and characteristics of the homes.