Are our Boards unwritten rules legal and enforceable?

[Dutchman54]

What is the name of your state (only U.S. law)? NC

My condo association Board of Directors makes a lot of verbal rules but does not place them in writing. Nor do they register them as by laws at the register of deeds.

Are a Board's verbal Rules legally binding and enforceable?

Our Docs of condominium and by laws do not specify what is required to make a rule binding.

 

[xylene]

What is the name of your state (only U.S. law)? NC

My condo association Board of Directors makes a lot of verbal rules but does not place them in writing. Nor do they register them as by laws at the register of deeds.

Are a Board's verbal Rules legally binding and enforceable?

Our Docs of condominium and by laws do not specify what is required to make a rule binding.

Are you on the board or otherwise concerned with trying to put an end to this gross negligence and incompetence?

Or

Do you not like a "unwritten rule" and want to flaunt it?

 

[Dutchman54]

Unwritten board rules

I am not a member of the board.
I am thinking that rules should be in writing and a component of registered by laws. Our current rules are frequently made up on the spot and seem capricious as they are only enforced at the election of the board. The general membership frequently does not even know a "rule" exists, because it is not in writing.

Besides being in poor form, Are verbal laws legal when dealing with condo law?

 

[xylene]

Besides being in poor form, Are verbal laws legal when dealing with condo law?

If these are rules like

"No parking on the east lot on mowing day."

Then they are probably OK

If they are rules like

"You hereby cannot lease your property."

Then not having them in writing REALLY hurts your board...

 

[Dutchman54]

unwritten rules legal

Thanks Xylene,

But the question remains, As most things in real estate are required to be in writing to be legal and enforceable, are condo rules not also?

Thanks for the input.

 

[xylene]

Thanks Xylene,

But the question remains, As most things in real estate are required to be in writing to be legal and enforceable, are condo rules not also?

Thanks for the input.

I believe you have answered your own question.

The point I am getting at is that the board does not need to amend deeds for everyday "housekeeping" type rule-making.

Typing it up remains a good idea...

 

[tranquility]

Without the facts, there is no issue. The answer is, it depends. It depends on the specific "rule", what you mean by "legal" and by "enforceable". Also, it depends on the organizing documents and actual by-laws of the HOA.

 

[Dutchman54]

legal rules

Example: New touch pad and master Keyed alike door locks were placed on all doors.

NC law requires an owner supply reasonable access in case of emergency., but does not define "reasonable access" such as suppling the board a dedicated key, etc.

Our Board's rule was that access via this method is required. Nothing was given in writing.

Our by laws are very broad and allow a board to make most any decision.

By Legal and enforceable, I mean, would such a rule be likely to hold up and be enforceable in court?

 

[tranquility]

In CA, such would be acceptable. I won't answer as such can be very case law specific, but I suspect there would not be a problem.

 

[HomeGuru]

Example: New touch pad and master Keyed alike door locks were placed on all doors.

NC law requires an owner supply reasonable access in case of emergency., but does not define "reasonable access" such as suppling the board a dedicated key, etc.

Our Board's rule was that access via this method is required. Nothing was given in writing.

Our by laws are very broad and allow a board to make most any decision.

By Legal and enforceable, I mean, would such a rule be likely to hold up and be enforceable in court?

**A: the CC&R's must be in writing and any such changes to them ie. Declaration, By-Laws, House Rules etc.

 

[jim2798]

I can tell you about my experience as a board member in Calif. for almost 20 years:

No need for the HOA to have keys.
Emergency access as in life-threatening or immediate property damage: emergency response folks know how to get in!
In rare cases where we needed access without the cooperation of the homeowner, in non-emergent sitations....it was done with a lawyer letter and a locksmith opens the door.

 

[calgirl58]

Minor "housekeeping" items can be changed in the architecural guidlines. but I know of no state that allows any "enforceable" rule to be verbal. Therefore, no I do not believe "verbal" rules can be made.