Amending R&Rs

Started by CariB1 • 3 replies • 1091 views

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CariB1 (California)
Posts: 8

Posted:

Hi -
NOTE: I'm both a Board President and homeowners (two residences) so I'm asking this from both perspectives.

Where I am a homeowner - my board has updated the R&Rs, sent them out for the required 30 day comment period. At the next board meeting they elected to accept suggestions made during that 30 day period -

Question: does the board send out those "suggestions" for another 30 day comment period or simply accept them in the meeting and proceed to the final version.

Based on "my" interpretation of Davis-Stirling, I'm confused and haven't seen this brought up anywhere. I realize this could go on and on which is why the first time (in the case) is always the best time!

Your help is MUCH appreciated.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Cari,

Rules and Regulayions (R&Rs) are a function of the Board to write and enact at their discression. Most documents require the Boards to notify the home owners to get copy of them prior to a vote for acceptance of them, which yours has done. They need not send them back out for another 30 days for comments otherwise the 30 days could turn into 30 years if comments were added or subtracted at each resend.

KirkW1 (Texas)
Posts: 1,665

Posted:

If you are simply taking suggestions then I would agree with Donna. But if you made any material changes to the rules as sent out I would think it would require a 30 day notice again. The 30 day notice is presumably so that owners have a chance to be informed (and inform their tenants) or to make arrangement for a new living abode.

AnnJ2 (Colorado)
Posts: 120

Posted:

I would agree that no second 30-day period unless a large change was made from teh original then the board should adopt the rest and send back out just that one topic. rules do not ahve to be adopted as all inclusive, they can be adopted peicemeal if necessary and frequently are, that is why every so often a board will go through the process of rewriting and consolidating and reissuing a new full set of rules.

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