Definition of "rules and regulations" needed

I've posted a couple of times over the past several months. As an owner in a neighborhood association that is still stuck in the '70's when it was created, I've been trying to make suggestions to our board.

When we purchased our second-home in 2004 I was not given any association papers. I finally received them last year. Reviewing the bylaws and covenants, I saw several references for "rules and regulations" which I had not received. At our annual meeting in February I asked for a copy of the rules and regs (thinking it was just an oversight...stupid me).

Come to find out there are no written rules and regs. Essentially, the president's response was "that would be a document of over 300 pages". Long story short, I took the challenge to create a draft set of rules and regs. Currently I have two pages (HA! to 300 pages). This rules consist of "no towels or swimsuits from the balconies, clean up over your pets, etc. Most of the I consider "RULES" so what are "REGULATIONS"? It may just be semantics.

We are a neighborhood of stand alone like units. We are supposed to all look alike (same paint, windows, etc). Where should these things be listed as I'm sure there is no comprehensive list?

Currently the bylaws read, " no exterior modifications can be made without the board's approval". If someone gets a "modification" approved should this be on a list available to the members of the association?

Hope my questions are understandable.

Thanks.
Elizabeth, owner of a SC home

GeraldT,

I took the prez's comment as 'shooting from the hip". In reality, he continued with we're ruled by the town, the POA, state, etc...you get the picture.

I'm not concerned with "rules" of the town as they really have no authority inside our POA's gate. Legally, they probably do, but for my purposes it's beyond the scope of our neighborhood "rules and regs".

What I think has happened is the orginal developer used a standard form to create the same bylaws and covenants for multiple neighborhood associations. I'm not sure if any of the other associations have "rules and regs" as referred to in the bylaws (that's the next email to go out;-}).

To my knowledge there is no list of what are "approved" exterior products. We have a official paint color but it is not mentioned by name or by reference anywhere in our docs. Here is the paragraph in our bylaws:

7. EXTERIOR APPEARANCE OF DWELLINGS--No change shall be made to the exterior appearance of any dwelling which shall include the erection of any exterior window covering, awning, or shutters, which can be seen from the outside of the dwelling without first having obtained a building permit from the appropriate authority and having had the plans and specifications approved by the xxxxx Villas Board of Directors and having deposited with the Board an amount of money sufficient, in the sole discretion of the Board, to defray all costs of reviewing the proposed plans and specifications and recording any amendment to the Covenants necessitated by the exterior modification, including attorneys’ fees. Further, the owners must obtain approvals required under Paragraph 6 of the Protective Covenants dated April 22, 1974, and recorded in the RMC Office for xxxxx County in Book M-105, Page xxxx.

Last annual meeting the board approved a casement window for our units as well as another paint modification. I emailed the board this morning to find out if these changes went on some list or were they just noted in the minutes.

Seems like things have been handed done via word of mouth. While I've never been on a HOA board, I have been on numerous boards of other organizations and know the importance of having things in writing.

TIA,
Elizabeth,
somewhere in SC

Elizabeth, a dictionary definition of regulation - "an authoritative rule dealing with details or procedure". Your Declaration should allow creation of Rules and Regulations. Often these are also referred to as Policies and Procedures or Guidelines.

Usually approval of exterior modifications are not published; however any owner should have the right to review the associations documents upon request when they provide a good reason.

Gerald,

This is another one of those "twisted" SC gated communities-there is a town, which does not operate inside the gate; the POA handles everything inside the gate; within the POA gates are numerous neighborhood associations.

Yes,I was charged with creating a draft of rules and regs (which essentially are the POA's rules plus pool rules, etc). Apparently, my neighborhood assoc. has nothing in writing in a combined document. The regime management company is "suppose to" have files of information regarding modifications, etc.

The great news is I made progress yesterday. A neighboring association, whose bylaws are almost identical to ours, emailed me a copy of their rules and regs and a copy of their physical standards. I have been spot on with the doc I've created thus far.

Thanks.