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DebbieB (Texas)
Posts: 2
Posted:
Can anyone tell me in the state of Texas if a board can change the rules and regulations without bringing it before the community first. Some of the R&R were already in hte bylaws and covenants but some were not. We are being told 2 different things and I would just like this clarified. Thanks
RogerB (Colorado)
Posts: 5,067
Posted:
Debbie, usually the Board is given the authority to make and revise Rules and Regulations. Check your By-laws. I have not checked Texas statutes to see if they override your HOA docs. Even when the Board has the authority we recommend getting the members approval at a members meeting to gave more widespread support.
DebbieB (Texas)
Posts: 2
Posted:
Article VI, Section 6.1 "Association shall have the right to prescribe rules and regulations...governing and restricting the use of Common Areas." Article VII, Section 7.12 Amendments states "At anytime, Owners of the legal title of 75% of the Lots may amend the covenants, conditions and restrictions set forth..." Article V, Section 5.3 states the Board of Directors duties are "to establish and enforce rules...of the Common Areas," and "administer and enforce the covenants...of the declaration."

The new additions had nothing to do with the common areas. It was things like having to keep the garage door shut at all times except for in out access, trash bins cannot be kept on driveway, no parking on the street. Little additions but ended up becoming big problems. We requested a special meeting and the answer was no. So we are now petitioning for a meeting.
JanM (Texas)
Posts: 142
Posted:
My understanding is that R&R's have to be voted on for the simple fact that they are to be recorded at the county courthouse. I know that sometimes they will try to sneak one in but if it is not in the county records, its not valid. By-laws and R&Rs are two separate documents altho they should mesh but some don't,i.e., we have one saying no off-road vehicles and one saying its ok if street legal.
WilliamT (Arizona)
Posts: 489
Posted:
Rules and Regulations are an extension of the CC&R's. They explain sections that are ambiguous, and they fill in the gaps. They can not be in conflict with the CC&R's. Our documents require the Rules and Regulations to be recorded by the county recorder before they are effecive. You should check your documents to see what they say.

RogerB (Colorado)
Posts: 5,067
Posted:
Debbie, it appears from the information you provided that your Board is limited in the establishment of Rules and Regs. How are the other Rules and Regs established? Are you presenting your Article V Section 5.3 acurately? If so, I would suggest amending to something like the following:

Declaration:
The Board of Directors shall have the power to establish Rules and Regulations.

By-laws:
6. Powers and Duties of the Board of Directors
a) adopt and publish rules and regulations governing the use of the Lots, the Common Elements, the Common Interest Community, or any portion thereof, and any facilities thereon and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof;

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