Enforcing Rules & would you approve?

We are an Illinois HOA.

Without any homeowner involvement/feedback, our Association's BOD plans to adopt an updated and more streamlined Rules and Regulations Handbook for all homeowners on October 17. There are changes I plan to bring to their attention that I don't agree on some which cannot even be referenced back to our governing documents. Also, their cover letter explains that should a discrepancy exist that our Village Ordinances shall prevail. I don't agree with that either.

Anyway, I understand that whatever rules the BOD adopts can be more restrictive but should not conflict with our governing documents. For example, are governing documents are silent on the material, e.g., pcv, used for fences. Our current rules state only picket 4' or 6' fence---our Village Ordinance has no restriction on any style/material of fence. Our NEW RULES now state only wooden fences. I don't agree with that either.

On a separate note when comparing our current rules manual I found one update adopted by the BOD recently that had not been recorded and filed but that change was reflected in a previous amendment to our governing documents bearing the County Recorder's Seal. Does that make the recent update null and void?

ReneeD

Renee, you are correct that Rules can be more restrictive but should not conflict with your Declaration. And the Declaration can be more restrictive than the Village Ordinances. Your old Rule on fences can be changed to your new Rule. You have a right to disagree but that does not mean the Rule can not be changed. However, even when the Board has the authority to make and change Rules and Regulations it is prudent to seek approval at a members meeting. Regarding filing of Rules, does your Declaration, county, or state require filing rules before they become effective. If not, the recent update is valid.

Tuesday, October 17

Thanks, Roger, for your quick response and hope I can get an answer to 2 more questions from you before our meeting tonight.

To answer your question, our Declarations say that provisions of our Declaration may be amended, abolished, modified, enlarged, or otherwise changed in whole or in part by the affirmative vote of at least Seventy-Five Percent (75%) of the Voting Members or by an instrument executed by Owners of at least Seventy-Five Percent (75%) of the Dwelling Units. Also, no Amendment shall become effective until properly Recorded. Illinois also requires filing rules before they become effective. Also, even if the Board has the authority to make/change Rules & Regulations, you say it would be prudent to seek aproval at a members meeting. I would interpret that to be our annual homeowners meeting; and, if that is the case, we homeowners are never given any opportunity to bring up for discussion or vote on any other business except election of new officers!

If I am understanding this correctly, the mere fact that the BOD distributed the "updated" Rules and Regulations to the homeowners and having given proper notice, is sufficient to adopt these changes at tonight's meeting regardless of homeowner input?

I know this to be a silly question and never hurts to ask but here goes. As a homeowner that will be attending, I would be curious to know and would ask the BOD who, what and how many changes were submitted by other homeowners, if there are any? Thanks.
-ReneeD

Roger, tonight's meeting is a Board meeting--actually they all are except for the Annual (Homeowners)Meeting held in August. IF we are supposed to have members meetings where would I even find a reference to that? in the 12+ years I've lived here, homeowners have never been given a chance to hold a meeting let alone offer any ideas, comments. We don't even have any committees! Even though they allow homeowners to attend, the BOD only allows 3 minutes each per homeowner to speak and forever hold their "peace".

From the BOD's perspective, our Rules and Regulations have not been updated since April 2001 and they felt it was long overdue. IMO, they spent a lot of money ) a total waste of association funds) for what I consider is a "draft"; has been completely revamped I think just to make it look like they've been busy--it took them 2 years.

And, I was referring to amendments to Declarations/Bylaws not our Rules and Regulations although I did notice in the latter the Management Company will charge a homeowner $25 for processing a rental form and was also added as an amendment to our Declarations. As of this writing I am still trying to figure this out.
-ReneeD