governing documents

Started by MS9 • 5 replies • 1398 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MS9 (California)
Posts: 13

Posted:

I have a question regarding governing documents.
We have by-laws, CC&Rs and we also have an additional rule-book.
Is it common to have rule-book?
I am told that CC&Rs don't change frequently, but rule book can be updated yearly as needed.

At the moment we are updating CC&Rs, should we incorporate rules from the rule-book into CC&Rs.

Thank you.

GlenL (Ohio)
Posts: 5,491

Posted:

MS9 the rules are the "R" of CC&R's so they are included but if you mean add them to the Declarations or By-Laws then the answer would be no. California has strict standards on rules including what they can cover, how they may be changed, notice to homeowners, etc. These are just a few of the rules covering rules:
Civil Code §1357.100. Operating Rule Definitions
Civil Code §1357.110. Validity and Enforceability of Operating Rules
Civil Code §1357.120. Applicability and Limitations
Civil Code §1357.130. Notice of Proposed Rule Change
Civil Code §1357.130. Notice of Proposed Rule Change
Civil Code §1357.140. Member Veto of Rule Changes

Studies show that 5 out of 4 people have problems with fractions

MS9 (California)
Posts: 13

Posted:

Understood. I am particularly interested in knowing if HOAs have rule books as part of their governing documents in additions to CC&Rs.

MaryA1 (Arizona)
Posts: 7,043

Posted:

MS,

Most assn's do have additional rules that are usually board adopted and do not require a vote of the members. However, these rules have the same "Weight" as the CCRs and can be enforced the same. In the hierarchy of documents, the "rules" are at the bottom of the totem pole.

Following is the order of precedence:
CCRs
CCRs
Bylaws
Board-adopted Rules, Regulations & Resolutions

GlenL (Ohio)
Posts: 5,491

Posted:

Yes, especially in California. In the CC&R's (Covenants, Conditions & Restrictions) the rules are part of the Conditions & Restrictions part of it. Think of the Covenants (declarations) as the what and the by-laws and rules as the guide to how to accomplish it. Example: the Covenants state that the Association will be governed by a Board of Trustees elected from the homeowners that is the what that must be accomplished. The By-Laws and the rules explain just how the election process will be accomplished to comply with the state law governing elections in HOA's. You cannot write a rule however to void or change the meaning of a Covenant.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Thx Glen! I forgot to mention that the rules cannot be inconsistent with the other governing documents. That is very important to know!

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here