Robert's Rules with regard to interpreting restrictive covenants

[Guest SGP]

Good afternoon all, I am happy to have stumbled upon this forum.

Some background...

I am President of the BOD of my HOA.

Recently, a member of the association was issued a notice of violation with regard to one of the restrictive covenants. Said member pontificates that his personal interpretation of the covenant in question is such that he is not in violation. The members of the BOD are unanimous in interpreting the covenant to state he is in violation. 

That being said, we are a newly formed HOA, and as such, unexperienced. It is the intention of the BOD to settle this while staying well within the bounds of the law and also without accruing any exorbitant legal fees.

Our bylaws state, "When resort to rules of procedure become necessary, business may be governed by Robert's Rules of Order."

I have found through my research on the matter, that RROO outlines that the responsibility of interpreting "bylaws" falls to the BOD. Would this responsibility also to extend to interpreting the "restrictive covenants?"

Thank you for any insight you may be able to provide.

[Shmuel Gerber]

On 2/2/2022 at 5:48 PM, Guest SGP said:

 

I have found through my research on the matter, that RROO outlines that the responsibility of interpreting "bylaws" falls to the BOD. Would this responsibility also to extend to interpreting the "restrictive covenants?"

I don't think this is accurate. What provision of Robert's Rules are you referring to?

RONR (12th ed.) 56:68 does say that "Each society decides for itself the meaning of its bylaws." and that this principle of interpretation has "equal application to other rules and documents adopted by an organization".

But the determination is not necessarily made by the board of directors; "the board has only such power as is delegated to it by the bylaws or by vote of the society’s assembly referring individual matters to it." (49:5)

In the situation you're describing, I think it boils down to what procedures the bylaws and other rules have in place for issuing and adjudicating notices of violation.