Rules and regulations explained
What your board can and cannot do with a rule, and why it always loses to the CC&Rs.
Rules and regulations are provisions your board adopts on its own, without an owner vote, to regulate everyday conduct or property use, things like parking, pool hours, or pet limits. Because they sit at the bottom of the document hierarchy, a rule that conflicts with the declaration or bylaws is unenforceable, no matter how sensible it seems.
What a rule can actually do
A rule (sometimes called a regulation) is a provision your board can adopt itself, without sending it to the owners for a vote. Its job is to implement or clarify what the declaration and bylaws already allow, for a specific, ongoing situation: quiet hours, guest parking, how many pets a unit can keep, when trash bins go out.
Because the declaration cannot spell out every day-to-day detail, rules exist to fill that space. A rule on a topic the declaration is silent on is generally fair game. A rule that tries to add a restriction the declaration does not support, or take away a right the declaration grants, is not.
Why a rule loses to the CC&Rs
Rules and regulations sit near the bottom of the document hierarchy, below the declaration, the articles of incorporation, and the bylaws. When a rule conflicts with any of those, the higher document wins, full stop. It does not matter that the rule is newer, or that the board thought it was a good idea.
"It's important to note that conflicts or inconsistencies between these documents are resolved by giving precedence to the higher-ranking document."
Source: Understanding the Hierarchy of Governing Documents in a Community Association, Community Association Management (CAMS)
The same source gives the plain example: if a rule contradicts the CC&Rs, the CC&Rs control. A board cannot use a rule to accomplish what only an amendment can do.
Rules, policies, and resolutions are not the same tool
Boards use several related words for board-adopted provisions, and they are not interchangeable. A rule regulates ongoing conduct or use of property. A policy states an ongoing board position or standard, often filling a gap the declaration leaves open. A resolution documents a single decision, not a standing standard.
What your own bylaws call these tools, and what vote or notice each one needs before the board can adopt it, varies by association and by state. Check your bylaws' definitions before assuming "rule" and "policy" mean the same thing your neighbor's association means.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
The declaration is silent on pet limits. The board adopts a rule capping pets at two per unit. Is the rule valid?
A board rule requires 60 days notice for landscaping changes, but the CC&Rs require 30 days notice for the same thing. Which one controls?
The board wants to state an ongoing standard for approving paint colors, not just decide one request. What should it adopt?
Sources
- Understanding the Hierarchy of Governing Documents in a Community Association, Community Association Management (CAMS)
- HOA Rules vs. Policy: What's the Difference?, Boardline Academy
Governing Documents
Next, see what happens when two governing documents disagree.
Whether your documents call these tools "rules," "regulations," or "policies," and what vote or notice your board needs to adopt one, varies by state and by your own bylaws. Check both before adopting anything new.