Board adopted rules

There has been some discussion on another thread about what type rules the board may adopt when given the authority to adopt rules. Michelle suggested a new thread be started.

Following is the discussion from that thread.

Mary wrote in response to Abba:
"I suggest you thorough review your CCRs, paying careful attention to the article entitled "rules". Here's what my CCRs say: "By a majority vote of the board, the assn may, from time to time adopt, amend and repeal rules and regulatins to be known as the "Rules," with respect to all aspects of the assn's rights, activities and duties uner this declaration." I believe your CCRs will have comparable wording. I interpret that to mean the board adopted rules can only encompass what is addressed in the CCRs, contrary to your feeling that they can cover anything not addressed in the CCRs. Another important thing to keep in mind is that these rules cannot be inconsistent with (contrary to) the CCRs, articles or bylaws."

Abba answered:
"Our CCRs have the same wording. I don't see how that wording indicates that only rules encompassed by what is in the CCRs may be adopted. To me is says that the board can "adopt" new rules. At any rate, if something is already covered by the CCRs, why would it need to be created as a new rule?

As I said in my previous post - our CCRs do not address the painting of the sidewalk/walkway in front of my home. Are you saying that if I decide to paint my sidewalk black with purple polka-dots, that the board can not prevent me, and can not create a rule stating that sidewalks can not be painted? Is the only recourse for the board to go through the costly and time consuming process of amending the CCRs? That just does not make sense to me."

The scenario you present would be covered by the architectural committee requirement that any change to the exterior be submitted for prior approval.

A board adopted rule does not "amend" the CCRs; rather it adds more rules which have the same force as the CCRs. Amending the CCRs would require a vote of the members; usually a very high percentage is required for this vote. In many instances a CCR restriction is vague, in which case the BOD may choose to adopt a rule for clarification purposes. For example: "unoperable cars may not be parked on the driveway"; the board may adopt a rule to define "unoperable". On the other hand, the board cannot adopt a rule about something which is not already covered by the CCRs. For example: the CCRs say nothing about ham radio towers; therefore the BOD may not adopt a rule disallowing them. An amendment to the CCRs would be required for that.

Abba,

OK, you've got your mind made up that you are right. You don't appear to be trying to understand what I've said. You think the board can just make up any old rule they choose. So be it!

Abba,

Here is what you said in the "Hybrid" thread: "It was always my understanding that the rules that a board is allowed to create were specifically to address issues that were not covered in the covenants".

IMO, the board has no alternative but to seek an amendment to the CCRs to address issues that are not covered by the CCRs. But, by giving the board the authority to adopt rules that ". . .govern use of the property; establish procedures for operation of the assn and admin. of the declaration and to interpret the declaration;" together with what the Architectural Committee has authority over, that is a pretty broad range of rule making authority.

Your sidewalk scenario is an architectural control issue that is covered in the CCRs. The A/C committee has the authority to adopt rules governing the "architectural and aesthetic character of the property". The CCRs may not say you cannot paint the sidewalk but the architectural guidelines say you need permission for any exterior painting. Same with your extension cord which could also fall under architectural control.

Someone mentioned adopting rules for conduct at the pool. If the CCRs do not give the board the authority to do all the things I outline in the para above and there is nothing in the CCRs addressing the pool then, IMO, the BOD does NOT have the authority to adopt rules governing conduct at the pool. This would require an amendment to the CCRs. If something is not mentioned in the CCRs and it doesn't fall into one of the categories that the BOD has the authority to adopt rules to govern then the BOD cannot just adopt a rule for it.

I can't think of anything else to say to make you understand what I'm saying!

To all,
Frankly I think the differences of opinion are not worth fighting about and from what I can see, you all have your head on straight and if you all were presented with a problem separately you all would come up with the same solution. Abba may proclaim to be a novice but he has spent considerable time and effort getting to where he is..............good for him. Because he has some questions about his Board/whatever, he seems willing to work his way through them. I just hope that he doesn't contribute to any of the friction between him and the Board and the best way to do that is to take baby steps, look ahead, have patience,(you win some you lose some), tweak his mind a tab to accept his duty is to the association and learn to stick this on like a pair of glasses when he thinks about HOA's.

Sometimes you have to get to know some people for a while before you can really see where they are coming from. And that excludes no one I know.

MaryA1 - If your opinion were accurate that the board has no alternative to seek an amendment....you'd have one hefty legal bill. Boards typically have the ability to adopt rules and regulations. As Abba has pointed out, the Board can't say something is allowed that the CC&R's say is not. Nothing in Abba's replies contradict her understanding as you quoted "It was always my understanding that the rules that a board is allowed to create were specifically to address issues that were not covered in the covenants". Just because something is not mentioned in the CCR's does not mean the Board cannot adopt a rule to govern it. Times and laws change and it's the common things that CC&R's mention. Developing rules should not be restricted because they weren't thought of at the time the CC&R's are developed. Boards have the utmost responsibility to protect the general welfare and financial stability of its members. Code of conduct at a pool falls well within that broad power.