Readin’, ritin’ and rithmatic used to cover what most needed to know, as long as they lived in the “holler”. But homeowner associations have their own version of the Three Rs called Rules, Regulations and Resolutions. These are the policies and procedures that define HOA standards. They must comply with state and federal law. For example, the board cannot enact a rule that violates Fair Housing Act.
Rarely if ever are the Three Rs clearly or fully defined in the governing documents. That is by design to allow flexibility and customization. Amending bylaws is tedious and difficult. The Three Rs can usually be modified as needed by the board. The board may use either rules and regulations or resolutions to accomplish this goal. So what’s the difference?
Rules and Regulations are used to address rules of conduct. Appropriate topics include:
- Quiet Hours
- Restrictions (use of clubhouse, pool rules)
- Limitations on guest use.
When adopting new or revised rules, it’s wise for the board to solicit owner input for a greater degree of compliance. Any proposed rule or regulation must comply with the governing documents. For example, if the governing documents state that guest parking may only be used by guests, a board rule cannot change that. That requires…