Rules

Governing documents include the operating rules of an association. (Civ. Code §4150) An operating rule is a board-adopted regulation that applies generally to the management and operation of the common interest development or the conduct of the business affairs of the association. (Civ. Code §4340(a)) To be valid and enforceable, operating rules must be reasonable and meet several other specified criteria, including being in writing and within the authority of the board. (Civ. Code §4350) Issues such as architectural control, landscaping, parking and common area use are common examples are commonly regulated through rulemaking. Specified rules must be adopted, including, but not limited to, election rules. Adoption of most operating rules can only be accomplished through following the rule-making procedures set forth in Civil Code section 4360.

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