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BryanW1 (Florida)
Posts: 1
Posted:
I found your site linked to another HOA page I was looking over. I am not sure if you are able to help me with my question or not but here it is. I live in a HOA and the dead restrictions state that to change the restrictions you need 2/3 of the home owners to vote yes to the change. Recently the board added a list of guidelines " new rule" that where only voted on only by the board. (ex : you must cut your grass once a week) these guidelines are now being enforced with the same fine as any other rule in the dead restrictions. Is this legal and would it hold up in court? I have not been sent a letter yet but I think it is just a matter of time. Any help you could give would be Appreciated!!!!
RogerB (Colorado)
Posts: 5,067
Posted:
Bryan, the Declaration and By-laws usually provide for the Board (sometimes the members) approving Rules and Regulations (guidelines). Rules and Regs must be reasonable to hold up in court and do not have the power of the Declaration. Rules & Regs are used to address and provide more specific policies and procedures than the Declaration. I doubt the inspector could tell if your grass is cut once a week; nor do I think this would hold up in court.
WilliamT (Arizona)
Posts: 489
Posted:
An attorney teaching a legal aspects of HOA class in Arizona recently said that Rules and Regulations are used to explain the CC&R's when it's necessary. A Rule cannot add to or subtract from a covenant; it can only explain a covenant.

He said if a Rule is not covered in the CC&R's, then it cannot be a Rule.

Example: Portable basketball hoops are not covered in the CC&R's. A Rule to prohibit them from being used, or requiring them to be stored in the back yard when not in use, would be illegal.

Here is a covenant in our articles abuot Rules, which is in concert with the statement from the attorney:

By a majority vote of the Board, the Association may, from time to time and subject to the provisions of this declaration, adopt, amend,and repeal rules and regulations. The Association Rules may restrict and govern the use of any area by any Owner, by the family of such Owner, or by any invitee, licensee or lessee of such Owner; provided, that the Association Rules may not discriminate amoung Owners and shall not be inconsistent with this Declaration, the Articles or Bylaws.
ScherrieS
Posts: 1
Posted:
Hello! I am new I belong to an ACC and the Board has picked me to be the Prez of the ACC. We have 77 homes new and the builder turned over the HOA about 3 years ago. In that time the Prez left and a new Prez was voted in. In the past 3 years the rules were not inforced and the Board and ACC were getting their feet wet sort speak. When a request for ACC Approval came in the ACC would meet. No big deal until people started to complain about certian things like Solar Lights. The only thing in the CCR says the Lights have to be approved. Well the HOA and ACC sent out letters that there was going to be a walk through the nighborhood and so we did and some neighbors have been using Solar Lights as landing lights for their cars! So we wrote to the homeowner that all Solor Lights must be in Landscaped Beds. My question is can this be amended as a rule? or not? The Solar Lights are getting out of hand. The only thing the CCR says is "Exterior Lighting: All exterior Lighting must first be approved by the ACC. No exterior lighting my shed light onto other properties or into residential dwellings in such a manner that creates a nuisance" Thank You for you help! I live in Texas.
RogerB (Colorado)
Posts: 5,067
Posted:
Once an ACC request is approved you can not force a change. You can only ask these owners to comply. The ACC guidelines for future approvals can be changed and the reason for doing so should be documented. This info should be provided to all owners. The guidelines (restrictions) should not violate the CC&Rs, otherwise they can not be enforced.

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