Bylaws, Rules, and Regulations at The Cloister….Differences

I have been contacted by a number of Cloister residents who are unhappy that certain Cloister Rules and Regulations are starting to be enforced. One resident attempted to recruit me for a petition drive. Frankly I did not understand the goal for the petition drive and I decided that I really didn’t want to be involved in some plan that was not well thought out or possibly worked against my property values.

Perhaps my problem is that at one time I was responsible for facilities maintenance and repair of a dining hall, power station, motor pool and electronic equipment on a remote island across the China coast in the East China sea. It does change my viewpoint about certain matters involving property management, maintenance and repair.

As I understand it, there are two categories of permissions and restrictions governing owner actions and behaviors effecting Cloister property and welfare of residents.

  1. The first set of permissions and restrictions are contained in the Bylaws of the Cloister. These bylaws are attached to the Master Deed for the property.  Amendments are recorded with the Office of the Register of Deeds of Davidson County. Any amendment to the Bylaws requires an affirmative vote of 2/3 of the eligible unit owners(only one vote per residential unit).
  2. The second set of permissions and restrictions are contained in rules and regulations that are issued by the elected Home Owners Association Board of Directors or various committee chairmen appointed by the board and granted the powers of the board.

What does this difference mean?

Any change in the Bylaws requires a meeting of the homeowners and approval by 2/3 of eligible homeowners. These become a part of and attached to the the Master Deed of the property.

Any rule and regulation can be issued by the elected HOA Board of Directors or Committee Chairs appointed by the board and granted the power of the Board to set rules and regulations. They do not require any agreement or vote by residents and the Board of Directors has the power to enforce these rules and regulations.

Bonney and I have made every attempt to comply with both  1. Bylaws and 2. rules and regulations at considerable expense and some inconvenience. I may not like some of them but I understand the basic principle that the goal of these permissions and restrictions is to maintain the market value of my  unit, control operating and maintenance costs which I pay for with my monthly HOA fee, and maintain the appearance and condition of our community as well as promoting the general welfare of the residents. I have served on the Cloister HOA Board and I know it is impossible to make everyone happy with board actions and decisions but people elected to the board are responsible to take decisions on behalf of the residents.

Some people choose to ignore these rules and regulations, others buy a Cloister property that through the actions of a previous owner does not meet the requirements of the Bylaws or Rules and Regulations.

I have little respect for people who fail to curb their dogs and allow the dog to relieve itself on my front lawn and simply walk away leaving a pile of excrement. It’s their dog and it’s their waste!

As I drive around our neighborhood I see trees and shrubs growing into the side of our residential buildings, bushes and hedges reaching the rooftop or covering windows making maintenance of the buildings impossible. I see trees dropping leaves into raingutters and cloging the underground drains which we homeowners paid hundreds of thousands dollars to install and pay $thousands more for machinery and manpower to replace clogged underground drainage systems.

One caller told me that she objected having to maintain her property because she wanted to leave an inheritance for her children! How about the rest of us homeowners? Is it necessary that we should drive by her overgrown yard for the sake of this woman’s heirs as she leaves this world?

I would hope not………………


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