What’s the differacne between Rules in the recorded documents Vs rules enacted by the Board?
First, I’m not a lawyer. That said, my uderstanding is that the restrictions in the recorded documents of a Condominium, or an HOA are, for things like the property may only be rented for 120 days in any calendar year where rules are for things like…glass is not allowed on the pool deck. The recorded documents allow for the Board to enact rules. The rules should be used for smaller items NOT spoken to in the recorded documments and can not be contrary to the recorded documents These rules, once enacted by the Board are judged on a “reasonablenees” standard. The restrictions (rules) of the recorded documents are typically given a presumption of validity so long as it is not contrary to a law. A great example of this is that many older condominiums in the area have a restriction stating that units may only be occupied by those over 18. These were adopted (recorded) was prior to the Federal Fair Housing laws being amended in 1988 that prohibit housing dicrimination for those under 18. As soon as that law was enacted the language of the recorded document became unenforcable.
