I just received an e-mail about the new rules and regulations being promulgated at an HOA property where I manage some rental units.
They are to be effective TODAY*April 1 * and were approved by the board of directors earlier this week.
NOT SO FAST! These rules should
1) have been provided at the time of the signing of the lease for Virginia common law leases; OR
2) with REASONABLE notice and they can not MATERIALLY change the tenants' bargain in their lease.
SO * what is a HOA to do?
First * use the rules and regulations in the by-laws and CC&Rs to develop them.
THEN, IF they need to be changed; do so PRIOR to an Annual Meeting of the Unit Owners AND provide them with the notice of that meeting. Have the changing of the Rules and Regulations as an item on the Annual Meeting agenda AND then have the ENTIRE membership attending the meeting * either in person or by proxy * vote and PASS them.
To just have the board of directors approve them and then spring them on the unit owners and residents * owners and tenants * may well be ineffective if a stitch is dropped along the way.
HOA/PUD rules are often written without residential tenants or THEIR rights taken into consideration.....covering ALL the bases is a must.