How to create a Rules and Regulations Document

We are in the process of developing a new document "Rules and Regulations." We have only our CCR's, and now realize that if the BOD wants to "clarify or supplement" any Section, we should do it under the new document. Our CCR's state "The BOD by a 2/3 vote at a meeting at which a quorum is present, may from time to time adopt and approve such additional rules and regulations concerning the use, occupancy and maintenance of, and activities conducted upon any Lot or improvements thereon as it may deem necessary or desirable to clarify or supplement the provisions of this Article and such other pertinent provisions of this Declaration so as to promote the purposes and intent hereof."
The question is:
The BOD wants to create a Rule that trash receptacles must be stored out of view from the street. Our CCR's are silent on the issue of trash receptacles. Would this fall under the authority granted?
The other Rule the BOD wants to develop deal with clarifying what is meant by "landscaping/Lot maintenance." It is to include Undeveloped Lot Maintenance, as well as Yard and Lawn Maintenance.

This is a new endeavour for our HOA, so I would appreciate any guidance from those who have already developed a Rules and Regulations document, including initial wording for the beginning of the document.

Thanks,
Gloria

Gloria,

You stated the CCRs give the board the authority to adopt rules and regs that apply to: "the use, occupancy and maintenance of, and activities conducted upon any Lot or improvements thereon". IMO, a rule regarding the placement of trash cans would certainly fall under maintenance of a lot so there should be no problem with the BOD adopting such a rule.

When adopting a rule to define a specific provision of the CCRs the board should be very careful not to change the meaning of that provision. In other words, if the current provision say you cannot do something don't adopt a rule saying you can do it if x,y,z occurs.

The new rule should be adopted by a resolution of the board then mailed to all the members of the assn.

Last year my assn put all the gov docs and the rules on a CD and mailed to all the members. This was really a great thing! I would encourage all assn's to do this as most people do have a computer and it's so much easier to find things.

Jackie, we have ours on a website, too, and it would appear to be an easy and inexpensive way to "share," however, we only have about 5-10% of our residents, tops, who use the internet in any frequent manner. Therefore, our placing them there is more a moderate convenience; we still send copies to everyone whenever there have been any changes or amendments.

Another question about the format of the Rules and Regulations document:
1. Should the document have the date the Rule is adopted?
2. Should the vote of each BOD Member be recorded on the R&R Document as I have seen in another thread?
3. Should the document be notarized? I know that it does not get recorded like the CCR's, and future BOD's can change the R&R's at their discretion...right??
4. If R&R are changed, does the newly added/deleted/amended rule get added to the end of the document with the new date, vote and signature of the BOD making the change?

I am trying to work up a first draft format to present to the BOD at our mtg next week, so I'd appreciate your input.

Thanks,
Gloria

the following is a draft of the Rules & Regulations Document which we are trying to create. I'd really, really appreciate your input. It is to be presented at our BOD mtg this Monday. I know this is short notice, but you guys have been great at helping out before, and I am asking for that help again.
Let me know what you think needs adjusting/adding/deleting.

Thanks:

RULES AND REGULATIONS
Of
XXXXXXXXXXXXXXXXXXXXXXX ASSOCIATION, INC.

WHEREAS, the Declaration of Covenants, Conditions, Restrictions and Easement for XXXXXXXXXXXXXXXXX Association, Inc. provides the authority to the Board of Directors under ARTICLE VIII, SECTION 17 FURTHER RULES AND REGULATIONS, to adopt and approve additional rules and regulations,

WHEREAS, the Board of Directors has determined that it is the best interest of the Association and Association Members,

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby have duly approved and adopted the following Rules and Regulations:

1. UNDEVELOPED LOT MAINTENANCE;
A. It is the responsibility of the Owner of undeveloped Lots to maintain those Lots in the same
condition as developed Lots. Maintenance shall include the removal of trash, litter and all
items that are not part of the natural environment. The frontage and curb areas of
undeveloped Lots shall be mowed, edged and kept free of debris.
B. There shall be no dumping of trash, construction materials and other debris on the undeveloped
Lots.

2. YARD AND LAWN MAINTENANCE:
A. During the Fall season, maintenance shall include the removal of excess leaves, yard debris,
dead plants, flowers, and shrubs and trees, and general cleanup of the property.
B. Spring maintenance shall include general cleanup of debris, to include the removal of dead plants, shrubs, and trees, and weeding and mulching of landscape beds.
C. During the growing season, maintenance shall include regular:
1. Mowing of lawns
2. Edging of lawns surrounding trees, beds and all hard surfaces which include driveway, street and sidewalk
3. Cleanup of grass clippings
4. Trimming of overgrown landscaping (trees and shrubs)
5. Removal of trimming debris
6. Weeding of beds
7. Maintenance of mulch
8. Watering of lawns to prevent disease and dead patches
D. When County watering rationing is in effect, lawns shall be watered in accordance with the governing County residential watering schedule.
E. Grass clippings, leaves, or other debris shall be removed from the sidewalk, curb, or driveway. Debris shall not be blown into the street or onto surrounding Lots. Excess lawn debris shall be removed and properly disposed.
F. The curb, sidewalk and street in front of each Lot, as well as any undeveloped areas of any Lot, shall be kept free of litter, trash and paper.
G. Every Lot shall be maintained by the Owner of such Lot, developed or undeveloped, in accordance with the Declaration of Covenants, Conditions, Restrictions and Easements of XXXXXXXXXXXX HomeOwners Association, Inc.

3. TRASH RECEPTACLES;
A. Stored trash receptacles must be screened by landscaping or fencing, or placed in a location not visible from the street or public right-of-way or another Lot within the Property.
B. Trash receptacles must be removed from curbside within 24 hours of being emptied and stored as previously indicated.

DULY ADOPTED at a Meeting of the Board of Directors held on:________________

RESOLUTION EFFECTIVE:_______________________________________

1. These RULES AND REGULATIONS may be amended, at a regular or special meeting of the Board of Directors by a two-thirds (2/3) vote at a meeting at which a quorum is present as specified in the Declaration ARTICLE VIII, SECTION 17.

2. In the case of any conflict between these RULES AND REGULATIONS and the Declaration, the Declaration shall control. The terms used in this Document shall be read to comport with the definitions of those terms set forth in the Declaration.

Glen makes a good point about stating when the trash cans can be placed out for pickup. Our City has specific times when the cans can be on the sidewalk and when they must be removed. Our CCRs require the cans to be placed behind the wall when not out for pickup.

Gloria,

The "trash can rule" seems to be constant no matter where your located. No one likes seeing those ugly cans in front of a home. When I lived in a non-HOA neighborhood everyone put them on the side of their house and that was OK. In most HOAs they must either be screened from view or placed behind the fence/wall. When my husband was Pres of my former assn the board rescinded the trash can rule in favor of the city code which stated the trash can must be removed from the sidewalk after pickup. The reason the rule was rescinded is because it was the cause of 90% of the CCR violation notices. Being self-managed we had problems getting A/C members so sending violation notices became a real problem. What was interesting was that after the rule was rescinded the majority of the h/o's continued to place their trash cans behind the wall after pickup. Bottom line: having no rule worked better than having a rule. Go figure!!!

Been there, did that.. Try reviewing this document. It's text searchable if you're looking for specific items.
http://www.unionmills.com/documents/2006-design-guidelines.pdf