Can a Board Change Community Rules Without Passing a Resolution
My question involves a condominium located in the State of: RI.
My husband and I jointly own a condo he is the VP and I am the Secretary of the association, which is self-managed. We have recently found out from another unit owner that some changes were made to the rules. We don't find any of them to be particularly unreasonable, however would like to know how enforceable they are if they were never recorded as an amendment to the original by-laws and not approved by all the board members.
Thank you
Re: Can a Board Change Community Rules Without Passing a Resolution
Generally the bylaws/incorporation docs provide for some rules to be passed by the board alone. You'll have to review the documents (or have a lawyer do so) to find out whether what was done is proper. We have no idea.
Re: Can a Board Change Community Rules Without Passing a Resolution
Also your state's condo law may have some process that they need to follow.
Here is one example about how it works in our case which may be different than yours: The board can pass a new rule at a board meeting by majority of board members appointed; not present but appointed. If there are 5 board members and only 3 are at the meeting, all 3 must agree. Then a notice to all owners must be sent stating the new rule and the intention of the board to adopt it at such and such future meeting. This gives opportunity to the members to voice their opinion on the new rule. Then once the rule is adopted, it is appended in writing to the rules and regulation document which the board can control as specified in the declaration/bylaws.
The by-laws/declaration however are a lot more difficult to change and require 3/4 of all owners to agree to the proposed change.
But if let's say the president voiced his desire for such and such at a meeting and tried to start acting as if its a rule like I've seen it happen and this was not recorded anywhere in writing, no this is not a rule and should not be enforceable. The board can't make it up as they go along any way they feel like it.