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Guest Susie

Rules in Bylaws

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Guest Susie

Our homeowner association has a 4 acre park and beach. The bylaws list 20 “rules” concerning the beach, including “No dogs in the park” and “No bicycles”  A growing group of residents want to propose having hours at the beach for dogs, with an area away from the regular beach, limited hours, etc. Also, allow children to ride and park their bikes there. 
 

Are these the type of rules that can be “suspended“? 

 

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2 hours ago, Guest Susie said:

Our homeowner association has a 4 acre park and beach. The bylaws list 20 “rules” concerning the beach, including “No dogs in the park” and “No bicycles”  A growing group of residents want to propose having hours at the beach for dogs, with an area away from the regular beach, limited hours, etc. Also, allow children to ride and park their bikes there. 
 

Are these the type of rules that can be “suspended“? 

 

No, these are not rules that can be suspended (unless the bylaws specifically provide for their suspension, which apparently is not the case). The bylaws will have to be amended in order to make any change in these rules.

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3 hours ago, Guest Susie said:

Our homeowner association has a 4 acre park and beach. The bylaws list 20 “rules” concerning the beach, including “No dogs in the park” and “No bicycles”  A growing group of residents want to propose having hours at the beach for dogs, with an area away from the regular beach, limited hours, etc. Also, allow children to ride and park their bikes there. 
 

Are these the type of rules that can be “suspended“? 

I concur with Mr. Honemann that these rules may not be suspended. I would add that another option for the society to consider would be to amend the bylaws to remove these rules from the bylaws entirely and subsequently adopt them as standing rules instead, in order to make them easier to amend in the future. Generally, the bylaws contain the fundamental rules of the organization and its operations, such as rules pertaining to membership, officers, elections, meetings, and the like. They usually are not the place for rules pertaining to parks and beaches.

Edited by Josh Martin

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