Condo Association Management Blog

In South Carolina, I was told by an HOA attorney to put anything you want to inforce properly in writing. Record them and add them to the copies to your By Laws. Now our docs say we must vote on them. I have about 15 that we will vote on in our general meeting in May and I will record. So as it will be more professional, if someone is selling. You do not have to record here .As a new President in So Carolina taking over the HOA. I prepared a manual that was given to each owner in October had them sign for it and will keep up to date items going out to the Owners by mail. We are only 15 units, that take care of our own exterior and enclosed yards. But we have three of those units who have "bullied" the past boards for 15 yrs . So I am trying to make this board and HOA more professional and stay on top of our homes. I just filed in Small Claims Court for my first owner who is not paying fees. Court date Friday. This group is not used to being professional and all of us following the same rules to keep up our homes and values (when they return). I was told that if it is not in writing you have no recourse.

You must get things in writing and filed even though it's a pain and here is why. If the make up of the board changes the new people may decided to just change the rules. I've seen this so many times where the few make these decisions, no vote (except the board) no notification they just do it. If you have it locked in then before they can change them their must be a discussion and a vote or it is not lawful. So this extra work prevents demigods from taking control of your association and units.

I would definitely recommned against putting a lot of rules in your by-laws. In most states, by-laws are difficult to change, not to mention the expense and the time it takes to change them.  
 
Meet with an attorney and poll the community to see what you want. You can probably obtain some "typical" bylaws from a qualified attorney so you have an idea and template to work from. Many bylaws have a section that state that "the board may from time to time make reasonable rules and regulations." This is probably your best avenue for most rules. Some rules, like construction rules (putting up a shed or installing a pool) you may want in your bylaws. Rules on parking and on pets are popular as well. However, depending on your state the homeowners may have to vote on the rules. If the developer is still involved, depending on the laws and rules in your state, they may be able to file the bylaws. I still recommend that you poll the community and have a draft with an explanation and even possibly a meeting for review. In my experience with bylaws, less is more.

Be very wary of HOA's in general. Even if the by-laws and rules say something, that does not mean the people running the HOA will actually perform or even understand them. You have to act like a teenager in a high school popularity contest just to get some liability removed like snow and ice on streets and sidewalks. Document everything in writing and make use of film.

I'm of the opinion that you want as few rules as possible in your bylaws. They are very difficult to change. What seems like a great idea now may not be to practical and need some modification. If it's a bylaw, then you have to record a modification with the appropriate unit owner's vote. If it's simply a house rule, then a vote of the board and notice will do the trick. 
 
Darron 
 
HOA Receivables

I agree with Darron. By-Laws are meant for spelling operational rules. The place for things like those you ask about are your adopted Rules & Regulations. These must be approved by the Board after making them available for review by all owners for 30 days in CA. The Board, however,is not obligated to follow comments owners may make, but they are required to give owners opportunity to input/comment. Stuff in CC&R's and By-Laws are very difficult to change and so only major issues should addressed in them.