When should a homeowner vote be taken for rules changes?

We have an Architectural Standards document that defines the standards for structural changes to a home, and other rules like keeping your grass cut and bringing your trash cans in. This document is in addition to and separate from the Restrictive Covenants document.

We have generally treated the standards as changeable with board approval. Is there ever a case where a homeowner approval vote would be required, or when it would be advised for cover-your-ass purposes? As hypothetical examples, think of things like deciding to allow cooper roofing, or prohibiting trampolines, that would be significant changes that could be controversial.

With all of our resolutions (which is simply a decision by the board formalized in a document) we have the following procedure:

1) Introduction by a board member
2) Board creates a proposed resolution
3) Optional: A committee reviews the proposed resolution and makes recommendations (our Board drafted and the Architectural committee made recommendations)
4) Board reviews and modifies proposed resolution and creates a draft resolution.
5) Board publishes the draft resolution to the membership, seeking feedback.
Feedback provided via email or, if board chooses, at a meeting to listen to the feedback (no vote taken at meeting).
6) Board modifies draft resolution based on membership feedback.
7) Optional: Board may seek legal review for some resolutions.
8) Board finalizes resolution, modifying as needed based on any legal review, and votes.
9) The adopted resolution is published to the membership.

When we did our architectural guidelines we held a meeting and allowed email feedback.
Our published draft was laid out as:

Original Guideline
Proposed Guideline
Reason for proposal

Example:

FENCES AND GATES.

Orignal:Maintenance of the fence and gate by homeowners is mandatory. Replacement of any broken slats must be of the same size, shape and original color of the fence or gate. Replaced wood must age naturally. New latches on the gate or fence may be installed provided they are black and compliment the hinge style. Fences and gates will not be painted, stained or have preservations added.

The approved style for fences and gates is ANew England Stockade.@ Maintenance of the fence and gate is the homeowners’ responsibility. Replacement of any broken slats must be of the same size, shape of the fence or gate. Slat styles that are different than those being replaced must be approved. New latches on the gate or fence may be installed provided they are black and compliment the hinge style. Fences and gates will not be painted, stained or have preservations added.

Proposed:
Fences and gates are the responsibility of the owner or owners involved and must be properly maintained. The approved style for fencing is “Stockade” which must be installed to give a straight line appearance. Current widths of individual pickets vary and are between 2 5/8 and 3 ¾ inches in width. Replacement of any individual broken slats or of a fence section must be of the same size, shape and material of the existing fence and gate.

Replacement of the fence and/or gate with the same style and picket width do not require Architectural Committee Approval. However, replacements of the fence and/or gate with different width pickets do require ACC approval.

Similar to common walls, common fences, or fence sections that share a common property line with an adjacent lot owner, is the shared responsibility of both lot owners. Fences, gates or fence sections that share the same property line as the Association’s common property is the sole responsibility of the lot owner.

New latches on the gate or fence may be installed provided they are black and compliment the hinge style.

Fences and gates will not be painted or stained but may have a clear water sealant applied if approved by the Architectural Committee.

Reasoning:

The original wording does not addresses common/shared fences. Additionally, the proposed style of “New England Stockade” has two variations and should be clarified. The Board believes that the addition of a clear water seal (similar to decks) would enhance the appearance of the community by preventing the ground level rotting of fences and provide longer life to the fence.

Note: It took a year for us to go through the process of amending the guidelines.
Mainly because it was so large and the Architectural committee took the time needed to look at the whole development and would not finish the review until the committee was unanimous on the wording. Additional time was also needed to schedule a meeting.

Your HOA has generally treated the standards as changeable with board approval?. Either your board has the authority to adopt rules without owner approval or they don’t. If the board has full authority to amend and adopt rules, they may do so with or without owner approval or after owner comment.

Prohibiting dogs would be controversial, prohibiting a trampoline not so much, prohibiting a helicopter pad probably only to the guy with a helcopter.

I agree with Dean and Tim. Start with checking your documents – if the board had the authority to enact and change community rules, you have part of your answer (it may be in the bylaws, which usually state the board’s powers). If you and/or your board haven’t read them, it’s past time to start.

Personally, I don’t see architectural standards aren’t the same as rules requiring one to clean up after your pets - some of those may already be part of the CCRs or are a city/county ordinance you have to follow anyway. Community rules established by the board (assuming they have the authority) usually flesh out what’s already in the CCRs. In this case, your CCRs require prior approval by the board for making exterior changes and the rules specifying what’s allowed, such as as Tim’s example on fences and gates.

Your current approach on architectural standards makes some sense because materials, tastes, building codes, etc., change over time, and hopefully, your board is aware of this and acts accordingly. The danger is when some board members and homeowners start nitpicking about everything because they like cookie cutter houses and/or feel THEIR standards are what matters because the rest of you are tacky and have no taste whatsoever. This is why your board should at least ask homeowners for their opinions – when people have a say in what the rules could be, you might get more compliance and good ideas no one else thought of.

You probably don’t need it for everything – why not begin with a poll to see what people think overall about the issue? What type of exterior changes warrant design standards as opposed to others? How often should the standards be to see if they’re still useful or need to be dropped? Do you tackle all of them at once or the ones that have become more problematic than others?

PS: Have you considered establishing an advisory board on architectural standards that could take a deep dive into these issues and send recommendations to the board? Just a thought.

starting with the bylaws. if it's just rules and regs, typically no community vote is needed. if it's covered in covenants and bylaws, that's a different story.