Adopting Rules when not specific in CCR

A small, vocal group of our HOA has consistently stated that our Association does NOT have the right to adopt rules and regulations as it affects their personal property. For instances, fences. Our CCR allows fences, but it does not state what kind. Our Association has adopted "guidelines" for fences (because "rules" are not specifically stated in our CCR). Rogue property owners feel they do not need to follow these "guidelines" nor does the BOD have the right to adopt specific rules. My question is, "If our CCR allows fences, but does not state what kind, can't our BOD make rules so that all fences comply with the aesthetic nature of our Association as stated in the CCR?" Do the governing documents have to specifically give rule-making authority to the BOD on all issues or is it just implied?

Minor nit - it would probably be under "Powers" instead of "Duties". Ours only state that the Board has the power to adopt rules governing the use of any Common Area and facilities and the personal conduct of the Members and their guests thereon to establish penalties for the infraction thereof.

On the other hand, our CC&Rs do specifically state what type of fence may be installed.

Dwight,

I retract my comment to you, I misread your last sentence.

DD,

The answer to all your questions should be contained in your CCRs. In many instances the CCRs give the board the power to adopt rules and regulations and also the power to interpret the restrictions. Also, in many instances the Architectural Committee is empowered to adopt rules by which they operate.

Following are the articles of my CCRs which pertain to interpretation of covenants, architectural committee rules and board adoption of rules. You might want to look for these articles in your gov. docs.

"The Architectural Committee may (but need not) from time to time adopt, amend and repeal rules. The Architecrural Rules shall serve as guidelines to be used by the Architectural Committee in rendering its decisions."

"Interpretation of Covenants. The assn, through its board, shall have the exclusive right to construe and interpret the provisions of this declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the board's construction or interpretation of the provisions hereof shall be final, conclusive and binding as to all persons and property benefitted or bound by the covenants and provisions hereof."

"The rules. By a majority vote of the board, the assn may, from time to time adopt, amend and repeal rules and regulations to be know as the "rules", with respect to all aspects of the assn's right, activities and duties under this declaration. The rules. . .shall not be inconsistent with this declaration, the articles or bylaws."