Rules, Regulations & Resolutions

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

Tailor Rules to the Community

Convey the Benefit

Provide Flexibility

Keep it Legal

Enforcement

Defenses

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

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