Lincoln Park Homeowner's Association

Bylaws vs. Covenants

Jan 08, 2007

There is a question that keeps coming up about why we just can?’t get rid of the renters that are tearing down our neighborhood. The reason why is because we have BYLAWS not Covenants. The descriptions of each are below:

BYLAWS
Bylaws are like an insurance policy; you usually ignore them until they are really needed in a crisis. Bylaws are best created, distributed, and understood before there is a crisis. Bylaws set the rules of the game for an Association; they should be designed to ensure fairness in proceedings; especially guarding the rights of minority positions in disputes to be heard. Bylaws should emphasize the process, not specific results; Bylaws should be reasonably flexible.
KEYAREAS:
MEMBERSHIP: Who is allowed to vote? Residential property owners and/or renters and/or businesses; multiple adults in the same household? Don't try to resolve this in the middle of a dispute! Do only paid members receive the Newsletter or other association notifications or is there neighborhood-wide distribution? Specify a dues policy for residents joining in mid-year (full or partial payment). Is a minimum quorum required for meetings and voting? Is this quorum likely to be met at all meetings? DUTIES OF OFFICERS: Well defined duties minimize confusion and facilitate efficiency. Who can speak on behalf of the Association? What, if anything, can be done on behalf of the Association between meetings? For any Association that does not meet monthly this is very important to decide in advance. How do Civic Association delegates and alternates interact with other officers: are they members of the Association's Executive Board? Do they represent themselves or the Association at the Federation? Making your immediate past president an ex officio member of your Executive Committee should be considered to provide continuity. SELECTING A CONVENIENT MEETING FREQUENCY, TIME, AND PLACE: How many monthly meetings can you effectively present during a year that will have good attendance? Too many meetings on only routine business items drive residents away. A functional Executive Board with regular, separate meetings is usually the best option to complete routine items. Meeting places should be centrally located within Association boundaries, if facilities are available. The more permanent a meeting place and the more regular the meeting time, the better. COMMITTEES: Provide for enough committees, both permanent and temporary, so that really concerned residents can fully discuss an issue without disrupting general membership meetings. Give committees clear operating mandates and deadlines. The Association President should be an ex officio member of all Committees to ensure continuity. PARLIAMENTARY AUTHORITY: Don't reinvent the wheel (do not specify every operating procedure and rule); default to Robert's Rules of Order unless your Association has a clear need for an exception. CONTROVERSY: If any Association knows that a topic is likely to be controversial (e.g. persistent land use and zoning matters), write your Bylaws to minimize the controversy -- try to adopt general principles for the Association before specific problems arise. Fees are voluntary.

COVENANTS

Restrictive covenants are deed restrictions that apply to a group of homes or lots, property that's part of a specific development or subdivision. They are normally put in place by the original developer, and are different for every area of homes. What's the Purpose of Restrictive Covenants? Restrictions give a development a more standard appearance, and control some of the activities that take place within its boundaries. When enforced, covenants protect property values. What You'll Always See in Covenants. Restrictive covenants nearly always stipulate the minimum size residence allowed, how many homes may be built on one lot, and what type of construction the homes must (or must not) be. More Topics You'll See in Restrictive Covenants. Set backs (how far homes must be from streets and interior lot lines). Easements (such as a pathway for power lines or roads). Fees for road maintenance or amenities. Rules regarding changing or voiding the covenants. Rules about pets and other animals (for instance: no breeding for profit, no livestock, no unchained pets). Regulations dealing with in-home businesses and home rentals. Rules that limit tree-cutting. Clauses that dictate what type of fencing can be used, or that forbid all types of fencing. Clauses to reduce clutter on lots, such as prohibiting owners from storing a vehicle that doesn't run within view of others, or parking a recreational vehicle on the property. Some restrictions limit the paint colors that can be used on a home's exterior. Some might require that all homes have a certain type of siding. In areas where wildfires are a problem, covenants might require you to use only fire retardant building materials. Fees are mandatory.

Covenants are more controlling compared to bylaws. Once you have bylaws it is VERY hard to change to covenants. It would require a legal process. We need to embrace our renters and make sure that they are keeping the property up to the neighborhood?’s standards. If they are not then we need to make the landlord accountable for the renters.