More on rules vs. CCRs

Some documents give the board the authority to create rules for specific issues; some docs give boards the authority to create rules for the "general good or welfare"; some docs don't allow boards to create rules beyond those items specifically addressed in the docs. And then there are state laws and case law which can impact any of the above. In other words, and I'm sure everyone is tired of reading this, you need competent legal counsel to guide you through the ever increasing morass of legalities.

First you determine whether you have the authority to create such a rule; then you work with the owners to come up with a rule that they will abide by.

I would suggest you might want to put a committee together to deal with all of the energy/water consrvation issues, so that you won't have to re-visit it every time someone wants to try some new way of saving energy.

Joe

Ding, ding, ding, ding (light buld - on)! This is just the re-focus that I needed. (Its kind of scary that once re-focused I knew the exact section to verify in the CCR :-o).

Section 5.04 (Arc./Env. Ctrl): "The CC may from time to time adopt and promulgate such rules and regulation regarding the form and content of plans and specifications to be submitted for approval and may publish such statements of policy, standards, guidelines and/or establish such criteria relative to architectural styles or details, or other matters, as it may consider necessary or appropriate."

Re: state statutes, yes MD just passed a law that says an HOA can't ban the use of solar panels.

I definitely agree that an attorney should review and plan to do so. I would just like to have fairly complete document in order to save on multiple reviews/re-writes. I'm definitely considering reaching out for other volunteers and am trying to weed through where I need help.

Thanks again.
Tracy

Mary, Maryland prohibited HOA's from banning solar panels, like other states are doing or considering doing.

Joe

The CCRs will never be able to keep up with all the upcoming technology, so the best thing it does is establish the Committee that will handle all these issues. That Committee will then be given the power to investigate and propose - and possbilty pass - these rules and regulations.

The big issue will be to ensure that the procedures for how rules and regulations are proposed and developed (investigated)and how they will be passed. This should be in writing, along with how to amend or delete them.