QUESTION: Will you please explain the "rules" for me? I understand that the CC&Rs are cast in concrete (almost) and must be enforced. We have a booklet of rules made up by the board, such as no screen doors, no basketball hoops, etc. Can they enforce rules they make up as they go along?

ANSWER: Yes, boards can adopt and enforce rules. However, the rules must be reasonable.

Explanation. Your CC&Rs are like California's constitution--only voters can amend the State's constitution and only members can amend the CC&Rs. Your rules are like state laws. Just as legislators in Sacramento pass laws consistent with the constitution, boards may adopt rules consistent with the CC&Rs. For example, if your CC&Rs allow owners to have a dog, boards can pass rules requiring that dogs be on a leash and not make a nuisance by barking excessively. Accordingly, an association's "Rules & Regulations typically cover pets, parking, signs, nuisance noise, use of recreational facilities, and the like.

Adopting Rules. As provided for in the Davis-Stirling Act, boards must give written notice to the membership of proposed rule changes and a 30-day period so the membership can comment on those changes. If the board adopts a rule despite membership objections, there is a process whereby the membership can veto the rule.