Resolutions

As a past and current Board Pres/member we have made "changes" to a few of our use restrictions contained in the CC&R's. As an example, Prior to the change BB Hoops could not be visible from the street/neighbors at any time in usse or not. We defined that by changing the use restriction that they could be used, but on your property, not blocking the sidewalk or in the street and further during the period of May 30 through Sept 30 they could be left out and used during the hours of 9:00 am to 9:00 pm. Is this something that needs to be amended?

I sure hope that your resolution was worded better than you explained it.

John,

Are you saying that the board alone made changes to your CC&Rs? I doubt this could have been done without following your covenants regarding amendments voted by a certain percentage of homeowners. A board does not have the authority to change CC&Rs without getting the required votes of members. In addition, any amended covenants need to be recorded so new buyers will know what they are. Your board's changes are meaningless unless you follow the proper procedures. This is what disturbs me. Boards thinking they can do anything they want and think they run everything is exactly what gives board members a bad name.

I do not see how a resolution can tell you what times you can use the basketball hoops. I could see if it was voted to state that the hoops were to only remain outside between 9am and 9pm, but to tell a homeowner that they can only perform a certain action on their property for twelve hours seems a little too controlling...

It would be as if the HOA passed a resolution stating you could only have your windows open from 9am to 9pm... anytime before or after, your curtains must be drawn, or you could only wash your car before 5pm.

We're talking USE RESTRICTINS ONLY. The Lawyer used the terms, interpretive and defining - 99% of the things we did were not changes (we only worked on 3 of our 25 Use Restriction). We wanted to make lawyer speak understandable to the common clave, which is how almost every set of by-laws and CC&R's are not written. If we can't confuse, beat them into submission, which is NOT how our HOA wants to operate!

I agree with Mary. The change to the CCRs would have to be (properly) accomplished as directed in the docs - probably with a given % of Membership approving. A BOD resolution doesn't swish.

JohnT,
Anything in your documents that would allow you to propose changes and allow for mail in ballot approval? Just a thought.

Robert,

The BOD usually has the authority to interpret the CCRs; however that interpretation cannot change the meaning of the restriction. Also the BOD generally has the ability to make new rules; however, those rules cannot be in conflict with the gov docs. This is usually spelled out in the provision giving the board the authority. If the BOD wants to totally change a restriction a vote of the members would be required as that would be amending the CCRs.

John,

I couldn't agree more.

John and all,
I am sure you all know this but it bears repeating. Associations do indeed have the problems are confirmed in this thread. But, we also have to understand if we stand around wringing our hands (and I am not suggesting that was implied), then the association world passes you by, in a sense. I mean pay too much attention to one deficiency and ten more things that have to be contended pops up in the next three days. Life in associations do not take place on meeting days only, it is a constant flux that requires a storekeeper at all times. Events years past can jump into your lap and require you to expend lots of time and energy. The Board has a tough job and so does the member that wants to make a better association, so arm yourselve and go to battle if you must, but expect to have demands that you never dreamed you would have to address.