Do you know the difference between Bylaws and CC&Rs?

“B” is for Bylaws. “B” is for Board.

“C” is for CC&Rs. “C” is for Corporation.

It’s easy to get confused about Bylaws and CC&Rs. They are both rules, so to speak, by which the HOA Board and Corporation of your community governs itself. But a clear difference is who the rules are governed for, and how they are applied. ByLaws are for the people and how the Board and their meetings should operate. CC&Rs are for the Corporation and deal with the building insurance, the maintenance rules, or the builder’s rights. But here’s a simple breakdown of their differences.

Bylaws are the guidelines by which the Board operates.

Board Members should look to the Bylaws for:

• Election and Quorum
• Terms of office
• General Powers and Duties and their limitations
• Number of Directors
• Where meetings shall be held and what frequency
• Notice and Hearing Procedures for discipline of Members

Amendment to Bylaws:

Typically, may be amended a majority of the voting power of each class of Owners and a majority of the Association’s voting power represented by Owners other than the Declarant. Bylaws may be amended by a majority of the entire Board if the amendment is within the Board’s power.  Always check with your legal counsel for guidance.    

CC&Rs are the guidelines by which the Corporation operates.

Homeowners and Board Members should look to this document for guidance on:

• Use Restrictions
• The Association Duties and Powers
• Voting Rights
• Architectural Committee number and deadlines for submittal and appeal process
• Insurance
• Maintenance by Association
• Maintenance by Homeowner
• Enforcement and Dispute Resolution
• Declarant/Builder Rights
• Annexation of Land

Amendment to CC&Rs

Difficult to Amend… requires either 67 or 75% of total voting power. In addition, Mortgagee Majority must approve any material amendments to the CC&Rs.  Always check with your legal counsel as amendments are complicated and expensive.  Always weigh the pros and cons and involve others.  Often amendments can be much more trouble than they are worth.

WE MANAGE TO MAKE ALL THE DIFFERENCE
Our team of HOA experts and community managers always puts people first. We know you’re not just a board of directors but you’re a part of the community, working together with your neighbors. Crummack Huseby Property Management, Inc., treats you like a neighbor too, respecting your decisions and collaborating to create a unique homeowner experiences all year long. Our unmistakable team and unparalleled approach to HOA management services sets us apart. Let us help your community stand out. When you’re ready for us, we’ll be here for you.  For more information, fill out the form below, visit ch-pm.com or call 888-399-9430 Toll Free