Rules

Started by PatriciaF • 9 replies • 1600 views

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PatriciaF (New Mexico)
Posts: 20

Posted:

Are the "Rules" a separate document from the Convenants, Arch Guidelines and By Laws?
Our Convenants state that pets may not fun free in the community. At the last Annual Business meeting, the community voted on fines for infractions such as pet, trash cans not put in service yard after being emptyed, lawns and side yards not care for properly. These infractions involve maybe 4 or 5 homeowners. After trying unsucessfully to get them to comply. We came up with fines. Now--do I make these items and fines Rules or change the Covenants. I am confused on this.

Patricia

MaryA1 (Arizona)
Posts: 7,043

Posted:

Patricia,

Do your CCRs give the board the authority to adopt rules? If so, then the board may adopt rules which are separate from your other governing documents but they do carry the same weight as the CCRs, etc. These board adopted rules cannot be in conflict with the CCRs and cannot address any issues which are not addressed in the CCRs. In other words, if your CCRs do not state fines may be imposed for CCRs violations then the board may not adopt a rule saying a $10.00 fine will be levyed for a CCR violation.

May I ask why the members voted on these fines? Usually the board has the authority to adopt these rules with no vote of the members.

PatriciaF (New Mexico)
Posts: 20

Posted:

We are a small community just 60 homes. Most of the homeowners abide by the convenants but as with human nature....there are a few who will not keep their pet restrained. Normally when a pet breaks free someone will just put it back...but lately we have a homeowner who has a new pet and it is a jumper...people complain about nearly hitting her...she runs the neighborhood making other dogs anxious and noisy. Also it seems that 3 homeowners no longer want to maintain lawn care....we have tried with letters and speaking personally to them...no avail...so we took these situations to the majority and let them know what we want to do and why... no one voted against and of course the culprits weren't there to discuss. It is just little things that are cropping up after 10 years of being an association...This is a beautiful gated neighborhood with in a larger gated area...and we are proud of it....everyone including board members get along very well....

yes we can adopt rules....and we can adopt fines...I just don't know which document to add the specific fines to..Would make a Rules separate page be more confusing to the homeowners.......we have conven....arch guidlines and bylaws....should I begin a new document entitiles rules??

Patricia

MaryA1 (Arizona)
Posts: 7,043

Posted:

Patricia,

Yes, the rules are a separate document and should not be confused with the CCRs. The rules are adopted, amended and repealed by a majority vote of the board whereas the CCRs require a vote of the members to amend, repeal or enact a new CCR provision. FYI, this is how my assn's rules doc looks like:

Title Page:

Name of HOA
Rules
(Revised XXXXX) In your case just put the date the rules were adopted
Table of Contents

Section 1 Association Land and Lakes Page #
Section 2 Use of Individual Lots
Section 3 Assessments
Section 4 Parking
Section 5 Pets
Section 6 Antennas/satellite dishes
Section 7 Identification sign for a home security system
Section 8 Fines Policy
Section 9 General Rules
Section 10 Authorization and Advice (This section explains the board's authorization to adopt rules as outlined in the CCRs. It also states that a member may request a copy of the rules by contacting our mgmt co with address and phone number. If a copying charge is required it should be stated here.)

PatriciaF (New Mexico)
Posts: 20

Posted:

Mary
Thank you very much...I will use your plan as a model for ours...I have one more dumb question....our convenants state that a landscaping must be completed within 30 days or the board can put in landscaping however, it never stated anything about homeowners that do not maintain their property as far as landscaping in to the future....who thought that would be a concern. Does this mean we cannot fine for this transgression using rules? I just want to be very correct....
Patricia

MaryA1 (Arizona)
Posts: 7,043

Posted:

Patricia,

Look for a section that addresses care of property. My CCRs have a section titled "Improper Maint or use of other portions of the property" which really addresses members' property. If the property ". . . is so maintained as to detract in the opinion of the BOD from the appearance or quality of the surrounding lots or other areas of the property, or in the event any portion of the property is being used in a manner which violates this declaration the rules or other instruments. . ." the board may notice the member that corrective action must be taken in 14 days. If not, the board has the authority to take action and the cost billed to the member.

BTW, isn't there a section of restrictions in your CCRs? There may be a restriction that addresses members' property.

PatriciaF (New Mexico)
Posts: 20

Posted:

Mary
I have use and occupancy restriction...under that is Residential which addresses no sheds...signs...animals...nuisances...boats...lights...antennas....garbage....mining...safe condition which states...wihout limiting any other provision in this section, each owner shall maintain and keep his lot at all times in a safe sound and sanitary condition and repair and shall correct any conditiions or refrain from any activity which might interfere with the reasonable enjoyment by other owners of their respective lots or the common area......the we continue fire...clothes dryig area....no further subdivision....no obstruction to drainage and rent of lots enforment and finally modification...
I am thinking yards will fall under safe condition....yes???

DeeS1 (Michigan)
Posts: 223

Posted:

It sounds like the ability to fine is already granted in the CCRs. Would the fining policy itself actually have to be part of the "Rules" or could it simply be done as a board resolution?

Is it standard to be able to fine for the specific violations listed and not similarly enforce other violations with fine penalties? It would seem that all violations should carry the same weight.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Dee,

The fine policy can be adopted as a rule or a resolution -- IMO, both hold the same weight. The policy would list each violation and the amount of the fine. Sometimes the fine differs for a first, second and third warning. I believe the amount of the fine should fit the violation.

PatriciaF (New Mexico)
Posts: 20

Posted:

Thank you for helping me with this. I do have a much clearer understanding of Association Rules. I believe a light bulb just came on after talking with you. I think in the past we did not want to ruffle feathers if at all possible....after 10 years homeowners are getting a little lax and kindness is coming of like please maybe would you take care of whatever...I see we do have the teeth to enforce in our convenants.
Thanks again for your direction!
Patricia

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