Some of the most common issues that plague condominium associations include pets, renting and smoking. These are all matters that can be addressed uniformly via either Rules & Regulations or an amendment to your governing documents (Declaration or Bylaws).

Here are a few important points to consider when contemplating a change to your Rules & Regulations versus an amendment to your Declaration or Bylaws.

  • An amendment is a legal process that requires an affirmative owner vote (at least 2/3 but no more than ¾), notification to mortgagees (lenders) and recording of documents.
  • Amendments should be prepared and recorded by an attorney to ensure that they do not conflict with laws and statutes that supersede them (such as federal and state laws).
  • Amendments are harder to challenge because they require a super majority vote. By default, the courts consider them to be reasonable provided the proper steps were taken to adopt them.
  • Rules & Regulations do not require an owner vote – they can be adopted by board vote at a properly noticed board meeting, open to all owners.
  • Owners must be given at least 10 days’ notification of the meeting, accompanied by a copy of the proposed Rules & Regulations.
  • Rules & Regulations can be changed by the board at any time, subject to the procedures outlined above.

Both amendments and Rules & Regulations can effectively reduce conflict and promote harmonious living in your condo building. Knowing the differences between them can help you to decide which option is best suited to your association.

See our Educational Videos on Rules & Regulations with a CCR membership.

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