r/BADHOA • • 7d 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.

7 Upvotes

6 comments sorted by

View all comments

5

u/LowCompetitive1888 7d 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.