Preface
Explanation of "Covenants" vs "Bylaws" vs "Rules and Regulations"
Covenants are the restrictions on the things owners can or cannot do with their properties. Because the covenants are restrictions on an owner's property rights, they are the most difficult to change. This is to make sure that covenants restricting substantial property rights aren't changed on a whim, without careful consideration or without a strong majority of owners.
Rules and Regulations (R&R) are for other matters and can be passed by the Board without a meeting of the owners. These are easiest to adopt and to change or rescind. R&R gives the Board the flexibility to deal with problems quickly without the necessity of calling a special meeting of the owners and the red tape involved in that. And if it turns out the Board adopts a rule that owners don't like or that seemed good in theory but doesn't turn out so well in practice, it can just as easily be changed or rescinded quickly by the Board. And of course, if there were ever a standoff between the Board and owners over a rule owners didn't like, the owners could convene a meeting and overrule the Board. It's there in case it's ever needed.
Architectural Standards
In our community, we strive for uniformity in the appearance of the buildings and properties. Yet, there are a few variations allowed. The document in the Architectural Standards area is intended to give guidance to homeowners.
Covenants are the restrictions on the things owners can or cannot do with their properties. Because the covenants are restrictions on an owner's property rights, they are the most difficult to change. This is to make sure that covenants restricting substantial property rights aren't changed on a whim, without careful consideration or without a strong majority of owners.
Bylaws address how we as a not-for-profit corporation/HOA run our affairs, and as such, they do not directly address what an owner may or may not do with his or her property. It was because of these two distinct roles of covenants vs bylaws that we elected to separate them into two different documents last year. Our bylaws are easier to change because they don't restrict property rights. Nevertheless, because the bylaws do govern how we operate and those procedures should remain relatively stable, a change in the bylaws still requires a properly called meeting attended by a quorum of owners and a majority vote of those present.
Rules and Regulations (R&R) are for other matters and can be passed by the Board without a meeting of the owners. These are easiest to adopt and to change or rescind. R&R gives the Board the flexibility to deal with problems quickly without the necessity of calling a special meeting of the owners and the red tape involved in that. And if it turns out the Board adopts a rule that owners don't like or that seemed good in theory but doesn't turn out so well in practice, it can just as easily be changed or rescinded quickly by the Board. And of course, if there were ever a standoff between the Board and owners over a rule owners didn't like, the owners could convene a meeting and overrule the Board. It's there in case it's ever needed.
Architectural Standards
In our community, we strive for uniformity in the appearance of the buildings and properties. Yet, there are a few variations allowed. The document in the Architectural Standards area is intended to give guidance to homeowners.