Just went through this 2 years ago with our association. My advise is to obtain the services of legal council versed in HOA law. There are limitations placed on HOAs by the state and you must follow those. It is hard for the layman to interpret some of the laws as written, trust me.
Do not form a committee to do the edit. Committees tend to write rules & regulations to suit themselves. You have to play fair, even if part of the document goes against what you want. You have to look out for the good of the association. Once you have a document done, run it by legal to insure it conforms to state/federal law.
I would not allow boats/ trailers/ motorhomes, etc to be parked anywhere on a property for more than 48 hours. If you allow "stuff" to be parked within the association, the properties will eventually get that run down look.
Remember this. Whatever you do, there will be those that won't like it.
My covenant was written to allow rv's to park behind the setback of the home. No time limits. A neighbor complained (late comer) I told her my covenant allowed me to do what I was doing. She said she would sue. I said go ahead but you will lose and pay my costs. She backed down. No problems anywhere now. Others have rv's boats. atv's. My advise. Leave it alone. Treat a problem on an idivdual basis. You may not have teeth to enforce but nobody really wants an eyesore. Maybe they just don't see that and will be willing to work with you
Some HOA rules expire after thirty years. What that means is, you have NO HOA after thirty years - not even the HOA you have now - and any homeowner can do whatever he/she wants unless you adopt new HOA rules or re-instate the old HOA. But some HOA will simply become obsolete and unenforcable at expiration, and that includes maintenance fees as well because the HOA fees expire too.
The "get legal advise" is probably the best. How CC&R's can be changed varies so much that advise from one of us "Net-X-Perts" is almost certainly going to run afoul of your areas actual laws on the matter.
Locally, it takes 100% approval to change a CC&R. Further, is a rule isn't enforced for a number of years, courts tend to say it can never be enforced again. "Selective" enforcement tends to be a big no-no. Under that theory courts have been known to toss out the entire CC&R is parts are not enforced.
2008 F350SD V10 with an 2012 Arctic Fox 29-5E When someone tells you to buy the same rig they own, listen, they might be right. When they tell you to buy a different rig then they own, really pay attention, they probably know something you don't.
Good stuff ya'll please keep it coming. This is more of a pre-emptive strike thing ... if the issue comes up I want to be prepared.
2008 Crossroads Cruiser 32BL (Mack); 2000 Ford F250 Lariat 7.3 (Doreen); 2000 A4 Audi 1.8T Quattro (Lightning); 2006 Subaru Outback 2.5XT (Sally); Last but not least - one great wife and two beautiful kids.
Any opinions are my own and not of my employer.
In fact, if you do a comprehensive check on your city, county, and state laws, rules, and regulations, you just might find that many of the CCRs are already covered, and you just don't NEED them!
As you are looking at modifying the CCRs, keep two of the "laws of nature" firmly in mind:
The Law Of Unintended Consequences. This means that no matter what you do, the ultimate effect will NOT be what you had in mind.
The First Law of Maintenance Practices: If it ain't broke, don't "fix" it.
160 PAGES of "Rules To Live By"??
I would move! Our CCRs consist of less than one page, and most of the rules are already written into State Law!
mowermech,,,,Well said sir!!!
Rule one " Do onto others as how you would expect them to DO you ". Mind your own business is a good policy.
If you seek "legal advice" it will be expensive and I will guarantee you that what you will get is a review that the attorney will obtain by going on line and finding "Sample HOA Rules" at some web site. You can do the same thing for far less association money. One of the first things you might want to do is a Google Search for those samples and then focus in on those provisions that you now feel need to be changed in your Association--you may find some adequate language that will suit the purpose well.
You can solicit other HOA's in your community and state for sample rules as well. During our gruesome march to a revision of the rules we were repeatedly subjected to what Condo associations were doing in California and Sun Valley to control residents, parking, uses, pets, maintenance, etc. All that information is readily available on line.
I live in upper price range golfing community and our covenents allow three days max to load, unload or do minor maintenance inside or out. We had a motion recently to make the three day rule once per week but, then several neighbors that still work pointed out to our HOA that they camp on weekends or long weekends and specifying a three day limit within one week would be a hardship. Motorhome, trailers or other RV's have not been a problem for us so we decided to handle it on an individual basis if someone was breaking the rules. It was found that some will use the three days then move it out for a day then start another three days which is not in the spirit of the rule. Boats and utility trailers all fall into the three day rule unless they are stored in the homeowner's garage. There is no street parking allowed at ALL, all homeowners must park in their driveways.
"CC&R's" what a mess when a few try to rule all the rest. Sell out, buy a square 10 acres and build right in the middle of it. Install a 6ft high fence around the property and put up the no trespassing signs. Or try to live within the comfort zone of everyone in the development and good luck with that...
Lord, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to hide the bodies of those people I had to kill because they pissed me off.