What is the difference between our Bylaws, CC&R, and Rules and Regulations?
- How often do they change?
- How do I know if/when they change?
What are the difference and similarities between the HOA Declaration of Covenants, Conditions, and Restrictions (CC&Rs), our Rules and Regulations, and the HOA bylaws? Before we dive into the detail, let us go back to the basics.
What kind of community is the Wingate Townhomes community? The Wingate Village Townhomes is a Planned Unit Development or PUD for short. What is the difference between a PUD and condo? The difference between a PUD townhome and a condominium townhome is that in a PUD is that you actually own more of your property. This makes financing much easier but this ultimately means you, the homeowner, are also responsible for more of your home than the homeowners association.
When you purchased your Wingate townhome, you acknowledged that it resides within a planned, covenanted community. Your membership to the HOA is mandatory. During the close of your townhome purchase you signed an agreement, acknowledging that you were purchasing a home within a covenanted community and that you would adhere to the CC&Rs of the community. At the time of closing, a copy of our CC&Rs were provided from the county records office.
Our HOA governing documents are in the form of a Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Rule and Regulations, and Bylaws.
Covenants, Conditions, and Restrictions
The Declaration of CC&Rs is the legal document that lays out the guidelines for the planned community. The CC&Rs are recorded in the county records in the county where the property is located and are legally binding. This means that when you purchase a lot or a home in a planned community, for example, you automatically become a member of the HOA. You may locate the latest copy of our CC&Rs on our website, login then click here.
Basically, the CC&Rs are the rules of your neighborhood. They govern what you can, cannot, or must do with respect to your home. For example, the CC&Rs may require you to keep your garage door closed or prohibit certain types of landscaping. It is also typical for the CC&Rs to regulate things such as:
- External architecture;
- TV antennas/satellite dishes;
- Garbage cans;
If you don’t abide by the CC&Rs, the HOA may impose penalties for any violations outlined within the governing documents.
Important Note: Our community’s CC&Rs were last updated on August 20, 2003
Rules and Regulations
Article 1.12 and 3.2 in the Wingate CC&Rs prescribe the use of Rules and Regulations to further clarify the CC&Rs of our community. They also allow our elected leadership to add, change, and adapt rules and regulations when prudent. You may locate the latest copy of our Rules & Regulations on our website, login then click here.
- 1.12 Rules and Regulations. Shall mean the Rules and Regulations governing the use of the Common Areas and the recreational facilities thereon, duly adopted by the Association.
- 3.2 Rules and Regulations. The Association shall have the power to establish rules and regulations further governing the Town Homes of the Project, and it shall enforce compliance with the Rules and Regulations and may amend same from time to time. A copy of such Rules and Regulations or amendment thereto shall be delivered or mailed to each Member promptly upon the adoption thereof.
o Note: HOA of Utah advised our community leadership that dissemination through our website, website article postings, newsletter articles, clubhouse bulletin board, and e-mail of rules changes are considered sufficient methods of delivery.
An HOA, which is generally set up as a non-profit corporation, is an organization established to manage a private, planned community. Like other corporations, the HOA is governed by a board of directors (who are elected by the members) and a set of rules called bylaws. In the case of our community, they are volunteer and not paid for their time and contributions to the community.
The bylaws govern how the HOA operates and contain the information needed to run the HOA as a business. For example, the bylaws cover matters such as:
- how often the HOA holds meetings
- how the meetings are conducted
- the duties of the various offices of the board of directors
- how many people are on the board, and
- membership voting rights.
If you have concerns about how our community operates, you should take the time to familiarize yourself with the CC&Rs and bylaws so that you are aware of any neighborhood restrictions and so that you fully understand how the community operates. There are many functions and outlets for homeowners to address concerns, which are outlined within the bylaws.
How often do the CC&Rs change?
The Wingate Townhomes CC&Rs cannot be changed without following a prescribed method outlined within the document. Changing them would require a homeowner vote. Suffice to say, if a CC&Rs amendment were to be proposed, you would know about it. Once approved, it would also show on file with the city recorder’s office.
The Wingate CC&Rs have been revised 3 times, you’ll find the details to each below:
- On November 17, 1995, the inception of our CC&Rs. A Declaration of Covenants, Conditions and Restrictions Establishing a Plan of Town Home Ownership for Wingate Village Town Homes, a Town Home Community (the “Original Declaration”), was recorded at the Salt Lake County Recorder in Book 7272, at Page 1480, as Entry No. 6215814.
- On June 19, 1998, a First Amended and Restated Declaration of Covenants Conditions, and Restrictions Establishing a Plan of Town Home Ownership for Wingate Village Town Homes, a Town Home Community (the “First Amended Declaration”) was recorded at the Salt Lake County Recorder in Book 8012, beginning at page 2237, as Entry No. 7001791.
- On January 18, 2002, an Amendment to Declaration of Covenants Conditions, and Restrictions of Wingate Village Town Homes, A Town Home Community (the “Second Amended Declaration) was recorded at the Salt Lake County Recorder in Book 8556, at page 5531, as Entry No. 8126484.
- On August 20, 2003, a 3rd Amendment and Restated Declaration of Covenants Conditions, and Restrictions of Wingate Village Town Homes, A Town Home Community (the “Second Amended Declaration) was recorded at the Salt Lake County Recorder in Book 8877, at page 0784, as Entry No. 8805327.
How often do the Rules and Regulations change?
CC&R changes cannot be made easily, they require a vote by the fellowship which is outlined within our bylaws of the community. Currently, our CC&Rs have changed twice since their inception.
Rules and Regulations are pliable and changes can be made by community leadership without homeowner vote. Our community leadership will take into consideration input by our fellowship when making changes. Your best option in sharing input and feedback is by attending the monthly HOA board meeting. This allows an opportunity for discussion and feedback by other homeowners too. But most importantly, these meetings are when decision making happens.