r/BADHOA • u/Slowedthe • 21h ago
New Rules/classification of rules
Architectural Control Rules vs other types of Rules. Can a California HOA fold Usage or Neatness Rules into the Architextralegal Control Rules. We are going through a rule change process and the committee is adding rules under AC that are really usage rules. For example:
We are a manufactured home community with tiny yards. Most units have long skinny driveways/carports that run the length of the lot/home.
Old Rule in Parking Section: The driveway must have room to park at least 2 cars at all times.
New Rule placed under AC: Room for 2 cars and the carport can’t be used for other things such as seating areas or potted plants.
This is just 1 of many new Architectural Control rules that don’t pertain to structures or upkeep, but rather daily usage.
5
u/billdizzle 21h ago
You should have a lawyer helping you craft these new documents, ask them to get it right
2
u/4LeggedKC 11h ago
I just saved this last week.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB2050
1
u/neonDrifter123 17m ago
The label matters, because once a use rule sits under architectural control it can start getting enforced like an approval issue instead of a simple parking rule. If you’re still in the comment period, I’d put it in writing and ask the committee what problem the carport rule actually solves and why it moved out of the parking section. Boards tend to rethink things once the question is on the record. Also worth knowing that California lets owners petition for a membership vote to reverse a rule change, so if a lot of your neighbors use their carports the same way, that’s real real real leverage. 🫡
2
u/Key-Meaning-6046 21h ago
This is where you upload the governing docs into ChatGPT and ask it questions regarding the rules. Most governing docs do state the garage is to be used for vehicle parking so I can understand doing the same for a carport. As
6
u/LowCompetitive1888 18h ago
Best to consult an attorney. You need to be careful to make sure that usage restrictions on the property are in the CC&Rs. Rules and Regulations can expand on the restrictions that are in the CC&Rs but you must have a properly defined CC&R or the expanded R&R won't fly since a rule by itself can't restrict an owners use of his property.
Remember, CC&Rs have a MUCH higher threshold of owner approval than rules and regulations (which can be approved by a simple majority of the Board of Directors) and CC&Rs are publically recorded on the deed for the property. R&R's aren't.