February 15, 2016 Margo Crummack CEO/Principal Education
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 among things. 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:
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:
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.
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