Does a New Rule Only Need an HOA Board Vote in NC?

Question:

I am a new board member and have question regarding passing “Rules and Regulations” that interpret our Bylaws and Declaration (CCRRs). Can the Board pass reasonable “Rules and Regulations” that interpret the Bylaws and Declaration with only a Board majority vote ? For example, could we impose a rule that stipulates that “grass can not be higher than X inches high” without having to incorporate that into our byLaws or CCRR ? Our CCRR states that property must be maintained in visually appealing but it does not explicitly state how the grass can be.

– Gary

 

Answer:

Hi Gary,

Passing operating rules that clarify or interpret your CC&Rs and bylaws typically only needs a majority vote from the board. However, it will still depend on the procedures and requirements stated within your governing documents. When in doubt, it is best to confirm with a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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