Rules, Regulations & Resolutions

Published on Feb 09, 2016

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PRESENTATION OUTLINE

Rules, Regulations & Resolutions

Photo by mick62

Hierarchy

  • Federal & State Law
  • Declaration / CC&Rs
  • Plat
  • Bylaws
  • Rules, Regulations & Resolutions

Declaration / CC&Rs

  • Ownership interests
  • Property rights
  • Use restrictions
  • Recorded in county records
  • Requires vote of members to amend

Bylaws

  • Operating guidelines
  • Typically recorded
  • Usually requires majority vote of owners to amend

Rules, Regulations & Resolutions

  • Adopted by board w/o vote of owners
  • May not conflict with other governing documents
  • NOT recorded

Process

  • Identify need
  • Identify authority
  • Create committee
  • Get owner feedback
  • Adopt and distribute

Keep Rules Simple

Photo by luisgarcias

Tailor Rules to the Community

Photo by WarzauWynn

Convey the Benefit

Photo by 7knips

Provide Flexibility

Photo by a4gpa

Keep it Legal

Photo by Scott*

Enforcement

Photo by theqspeaks

Defenses

Photo by Peer.Gynt

Resolutions

  • Policy
  • Administrative / Operations
  • Special
  • General

Rules

  • Use (common areas & lots or units)
  • Changes in appearance
  • Behavior

Types of Rules

  • Pets
  • Parking
  • Noise
  • Renting
  • Use of Common Areas
  • Maintenance

Criteria for Rules

  • Consistent with law and governing documents
  • Relate to operation or purpose of community
  • Must be reasonabole
  • Must be fair
  • Capable of uniform enforcement

Importance of Notice

Format

  • Cite Authority
  • Explain Purpose
  • Discuss Scope & Intent
  • Don't use "Whereas"!

Examples

  • Pets
  • Insurance
  • Rental or leasing
  • Enforcement
  • Maintenance

Untitled Slide