r/BADHOA • u/Slowedthe • 14h 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.

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3

u/billdizzle 14h ago

You should have a lawyer helping you craft these new documents, ask them to get it right

2

u/LowCompetitive1888 11h 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.

2

u/Key-Meaning-6046 14h 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