August 19, 2021 - BY Admin
Having the ability to communicate concerns that you may have with your
community’s existing rules or wanting to establish new policies for the
community is a fundamental element in a healthy, functioning association —
everyone should have a voice.
In this blog, we are going to touch on the process for submitting items to
be considered by the Board during their meetings. It’s a straightforward
process: submit, motion and vote.
Submit:
If you would like an item to be considered by the Board to be on a future
agenda for a decision, just send your request or suggestion in writing at least
one month before the next meeting.
Motion:
Issues come before the Board when a submission receives motion and is
seconded. After the presentation of the issues, there is a period of
discussion, which is followed by a board vote — management is only brought in
for consideration if needed.
Vote:
When a vote on a motion takes place, it is voted on by the Board members
only, the people that the community selected to represent the collective
thinking of the entire community’s members.
There may be time for proper research and consideration before a decision.
For more information on different types of board meetings, head over to our
“Everyone Should Attend Board
Meeting” blog.
What are CC&Rs
Anyway?
After the development of a community, the developer files a series of
documents with the state that are designed to uphold the integrity of the
community and spell out the duties of the association and the responsibilities
of the owners. Those documents are the Governing Documents. Governing Documents
are made up of the Articles of Incorporation, the Bylaws, and the CC&Rs
(Conditions, Covenants & Restrictions).
Articles of Incorporation
The Articles of Incorporation are a one-page document that gets filed with
the Secretary of State. It states that a non-profit corporation is being formed
(the community association).
The Bylaws
The Bylaws dictate the powers and duties of the Board of Directors (when
meetings occur, how the Board is elected, etc.).
The CC&Rs
The CC&Rs prescribe the powers and obligations of the corporation and
regulate both the physical characteristics of the development and the
lifestyles of the residents. Of all of the governing documents, the CC&Rs
are often the least understood but the most important.
To close escrow on your home, you signed a series of papers, one of which
stated that you had read the CC&Rs and agreed to abide by them. When escrow
closed, you entered into a contractual agreement with the other owners in the
community to conform to the rules of those CC&Rs.
Often, members of the community have found out that they are in
non-compliance with the CC&Rs or Rules & Regulations through
correspondence received by the management company. When this occurs, simply
find a copy of the CC&Rs to locate the particular restriction in violation.
Responsible owners correct the situation and, armed with a new-found knowledge
of the CC&Rs, continue with their lives.
The CC&Rs provide a structural framework to help residents of different
backgrounds, ideas, and perceptions live together in harmony. By doing so, the
community and its property values will benefit.
Example: What would the impact on your property values be if your neighbor
decided to repair automobiles in his parking area as a part-time job and
decided to advertise with a big sign he nailed to the roof of his building?
Furthermore, to attract attention to the sign, he painted his building bright
red. This example may be a little over the top, but it applies equally to the
neighbor who doesn't maintain his/her living area.
No one would want to buy your home and live next to such "chaos."
Since market values are affected by the law of supply and demand, if the
attractiveness of your community is inadequate, then the cost is reduced. When
the demand is high (due to the community having aesthetic appeal), the property
values increase.
The CC&Rs and Bylaws help promote harmony, which has a positive impact
on the value of the community.
