Understanding HOA Rules and Regulations
Who has the authority to create and enforce rules in an HOA? You guessed it – the board! However, there are rules for their rulemaking.
Don’t get your associations rules and regs (regulations) confused with the bylaws. The bylaws are a completely separate document from the rules.
If you want to learn more about the bylaws, we have a video on that!
Governing Documents & State Statutes
The rules must be in line with the association’s governing documents and state statutes. It’s never a bad idea to periodically consult with an attorney just to make sure the rules you want to put in place don’t end up getting the board or association in trouble down the road.
For example, the association’s declaration might declare that “homeowners can rent units subject to board approval.” This implies that everyone in the community has the ability to rent their units if they choose.
In this case, the rules would not be able to contain any sort of rental cap, because the declaration says that every resident can rent out their units.
It’s important to understand that rules should be put in place mainly to protect property values and give homeowners an opportunity to enjoy where they live.
Make sure that your rules don’t violate people’s Constitutional rights and that they are, again, in line with the association’s governing documents.
Rules must also be:
● Universally enforceable
● Necessary to the community
If a rule isn’t 100% necessary, it probably doesn’t need to be in place.
Work With an Attorney
For the protection of the association, it’s always a good idea to have an attorney look over your rules, just to ensure they’re reasonable and in line with the association’s governing documents.
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