Procedure

New HOA, we are confussed. Does the entire Community vote on By-Laws once they are turned over from the builder? We are split, we understand that By-Laws are the BIBLE for the Board. But do they need to be voted on by the Community? or just made available for viewing?

Once Rules&Regulations are established does the entire Community vote on them also?

There is a difference of this procedure amoung the Board.

Brenda, how the Declaration, Articles, and By-laws can be amended should be defined in each document. Usually the Board can create and amend Rules and Regulations, this should be defined in the By-laws. The Developer creates the Declaration which is the association's key controlling document. The Developer can incorporate the association, create the Articles, create the By-laws, and appoint the initial Board members for the association.

By-laws exist before transition to a homeowner controlled Board so there is no vote by the homeowners' Board or the the homeowners. Either the By-laws state they can be amended by the Board or by the members present at a duly called members meeting. IMO it is a good idea to have members ratify amendments to the By-laws and the Rules whenever only Board approval is required. Each owner should have a copy of the By-laws, Declaration, and any Rules and Regulations plus amendments to them.

I do not consider the By-laws to be a BIBLE for the Board, if there is a bible it is the Declaration. By-laws define the organizational structure and operations of the association.