Everything You Need to Know About HOA Bylaws, Regulations and CC&Rs
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All homeowner associations (HOAs) have rules and regulations. These organizations are also regulated by local and federal laws. When a person buys a property in an HOA, they become a member of the association and, thus, they must accept its governing rules. In the same way, the proper functioning of a residential community depends on coherent rules and governing documents.
HOAs Governing Documents
Declaration of Covenants, Conditions, and Restrictions Reason to believe Reason (CC&Rs)
to believe Reason to believe Reason to believe Reason to believe Reason to believe Reason to believe Reason to believe COVENANTS, CONDITIONS, AND RESTRICTIONS (ALSO CALLED “CC&RS”) RULE THE USE, APPEARANCE, AND MAINTENANCE OF CONDOS, HOAS, AND OTHER RESIDENTIAL COMMUNITIES. THESE RULES ARE DRAFTED BY THE BOARD MEMBERS OF THE HOAS, CONDOS, OR DEVELOPERS. CC&RS ALSO RULE COMMON AREAS AND VISIBLE SPACES SUCH AS COMMON LAUNDRY ROOMS, LAWNS, AS WELL AS ASPECTS RELATED TO CHANGES IN FACADES TO KEEP THE ARCHITECTURAL CHARACTERISTICS OF THE COMMUNITY.
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However, neither covenants can contravene the law. For example, racially restrictive covenants are illegal because of civil rights laws that prohibit discrimination. In this sense, illegal covenants can be abolished by state courts. If the HOA current rules contradict current laws, those they become unenforceable. It means that the association possibly is breaking the law.
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Bylaws rule how the HOA will function. It includes procedures, how the association elects the board of directors, voting procedures, quorum requirements, and other provisions related to the operation of the HOA. Bylaws also help to understand the board’s roles and responsibilities.
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BYLAWS CAN ESTABLISH THE POWERS OF THE BOARD OF DIRECTORS. THESE POWERS ALLOW THEM TO MANAGE AND DECIDE ON THE ASSOCIATION’S AFFAIRS, AS WELL AS PERFORM THE ASSOCIATION’S RESPONSIBILITIES.
Many HOAs rules regulate the behavior of their members in common areas. In this sense, they can ban members from causing a nuisance in the community common areas. These nuisances can be the use of inappropriate vocabulary with loud noises, anti-social behavior, as well as the use of skateboards or bikes in common areas because of the risks of accidents.
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