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ColleenF1 (Wisconsin)
Posts: 10
Posted:
Our association has Articles of Incorporation, By-Laws and Rules and Regulations. Our regulations cover everything from the speed limit in the association to collecting assessments. No where in our Articles of Incorporation or By-Laws does it give the officers or board members rule making authority. Are our rules and regulations considered a part of our by-laws? And when it comes to amending our rules and regulations what vote is needed to make any amendments?
GlenL (Ohio)
Posts: 5,491
Posted:
What do the Covenants say about rule making? Have you looked there?

Studies show that 5 out of 4 people have problems with fractions
RogerB (Colorado)
Posts: 5,067
Posted:
Colleen,
Your Declaration of CC&Rs is the place to look for the authority of the Association to estabish Rules and Regulations.
Your By-laws is the place to look for the powers and duties of the Board. Between these two documents the Board often has the power to make and amend Rules.
ColleenF1 (Wisconsin)
Posts: 10
Posted:
All we have are Articles of Incorporation, By Laws and Rules and Regs. We do not have CC & R's. We are a non-profit if that matters at all.
MicheleD (Kentucky)
Posts: 4,491
Posted:
No, it doesn't really matter in the overall scheme of things, except to drive home the fact that an HOA is a corporation.

But my guess is that there are Deed Covenants if you have all the other things.

Someone, somewhere along the lines may have started calling them Rules and Regulations.

I have seen Deed Covenants without there also being a Homeowners Association, but I have never seen a Homeowners Association without some form of binding restrictions, which are not the same thing as Rules and Regulations.
MichaelK11 (Texas)
Posts: 432
Posted:
Quote:
Posted By ColleenF1 on 09/06/2009 2:40 PM
All we have are Articles of Incorporation, By Laws and Rules and Regs. We do not have CC & R's. We are a non-profit if that matters at all.
Many, perhaps most, HOA's are non-profit corporations, and most also have Articles of Incorporation and Bylaws and another document that may be called Declarations or Covenants or Restrictions or some combination of the above. These Declarations are usually the "Deed Restrictions" that apply to ownership of a property in the HOA; amending these usually requires a majority or super-majority of Members (homeowners) of the HOA.

Some HOA's may have additional rules and regulations, which may be documented in various ways, and are often set and changed by the HOA's Board of Directors.

Perhaps your Rules & Regs are actually the Deed Restrictions for your HOA? That may be an unusual title. Are you sure that is the formal name for this document? If these are your Declarations (Deed Restrictions), then they are separate from your Bylaws, they should contain a procedure for amendment, and they may also contain a clause that specifies precedence in case of conflict -- I think the Declarations usually take precedence, then the Articles of Incorporation, then the Bylaws. The Bylaws and Articles may also contain such a clause.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Amending the rules and regs usually takes a majority vote of the board.

If you say everything is covered in the documents already, the rules and regs for your group should be quite small and administrative i.e. time of the meetings.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Colleen,

Do you have a document titled: "covenants, conditions, restrictions, assessments, charges, servitudes, liens, reservations and easements"? It may be referred to as the declaration or the covenants but most often the CCRs. If you are a nonprofit corp with bylaws and articles of inc and you have members who are obligated to pay assessments to the HOA I would be very surprised to learn that there isnt' a set of CCRs floating around somewhere. If you have access to your county recorder's website perhaps you can do a search under the name of your assn. Otherwise I would suggest calling the recorders office and asking if there are CCRs on file in the name of your assn.
ColleenF1 (Wisconsin)
Posts: 10
Posted:
Called the County Recorder of Deeds--no Declarations or CCR's on file with them. Only the Articles of Incorporation and the amendments to those.
GlenL (Ohio)
Posts: 5,491
Posted:
If indeed all you have are AOI and By-Laws it is doubtful that you are in a HOA but more likely belong to some sort of voluntary group that owns the lake and they are very likely within their rights in how to change the assigning of boat slips. Even if you are somehow in an HOA unless the boat slips or mooring buoys are deeded to a particular person instead of being owned jointly then it would be up to the BOD to decide how they were assigned. And just because one BOD solicited funds with the promise that no further changes were to be made it is doubtful that another BOD would be bound to it. Kind of like Congress last year passing a law and congress this year voting to change the law.

Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posted:
Colleen,

Have you looked at the deed to your property? If it states there are deed restrictions then there should be a document somewhere. Have you looked through all the papers you received when you purchased your property? Is it possible to contact the developer and ask him about the CCRs?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Colleen, are you stand alone homes in a subdivsion?

We are privately owned homes (250) and the association provides the water, roads, beach and community center. We don't have any CCRs either, but we are incorporated and have Articles, bylaws, and policies.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Susan,

Exactly why type of HOA are you without deed restrictions? Who owns those amenities and where does it say the property owners must maintain them, if you have no deed restrictions?

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