Separate and apart from the basic governing documents, such as the Covenants, Conditions and Restrictions (“CC&Rs”), and the Bylaws, a homeowners association will typically adopt its own internal rules and regulations (“Operating Rules”) to implement and supplement the provisions contained in the CC&Rs and the Bylaws. The Rules are adopted by an association’s board of directors from time to time to regulate the general management and operation of the association, the conduct of the business and affairs of the association, and the use and enjoyment of the common area and exclusive use common area. [Civil Code §4340(a)].
The manner in which a homeowner associations’ boards of directors adopt, amend, and repeal association Rules is regulated by state statutes and/or provisions in the association’s governing documents. In California, the applicable statutes are contained Civil Code §§434— 4370, copies of which are contained in Appendix A of this Guide.
This Guide describes the steps that should be followed by a homeowners’ association in order to adopt, amend, or repeal association rules. The following forms, copies of which are contained in Appendix B, will assist a homeowner’s association in properly adopting, amending, or repealing Rules.