Section 4355 - Operating Rule Subjects Governed by 4360 and 4365

(a) Sections 4360 and 4365 only apply to an operating rule that relates to one or more of the following subjects:

(1) Use of the common area or of an exclusive use common area.

(2) Use of a separate interest, including any aesthetic or architectural standards that govern alteration of a separate interest.

(3) Member discipline, including any schedule of monetary penalties for violation of the governing documents and any procedure for the imposition of penalties.

(4) Any standards for delinquent assessment payment plans.

(5) Any procedures adopted by the association for resolution of disputes.

(6) Any procedures for reviewing and approving or disapproving a proposed physical change to a member's separate interest or to the common area.

(7) Procedures for elections.

(b) Sections 4360 and 4365 do not apply to the following actions by the board:

(1) A decision regarding maintenance of the common area.

(2) A decision on a specific matter that is not intended to apply generally.

(3) A decision setting the amount of a regular or special assessment.

(4) A rule change that is required by law, if the board has no discretion as to the substantive effect of the rule change.

(5) Issuance of a document that merely repeats existing law or the governing documents.

Section 1357.120 - Limited Application

(a) Sections 1357.130 and 1357.140 only apply to an operating rule that relates to one or more of the following subjects:

(1)    Use of the common area or of an exclusive use common area.

(2)    Use of a separate interest, including any aesthetic or architectural standards that govern alteration of a separate interest.

(3)    Member discipline, including any schedule of monetary penalties for violation of the governing documents and any procedure for the imposition of penalties.

(4)    Any standards for delinquent assessment payment plans.

(5)    Any procedures adopted by the association for resolution of disputes.

(6)    Any procedures for reviewing and approving or disapproving a proposed physical change to a member’s separate interest or to the common area.

(7)    Procedures for elections.

(b)    Sections 1357.130 and 1357.140 do not apply to the following actions by the board of directors of an association:
(1)    A decision regarding maintenance of the common area.
(2)    A decision on a specific matter that is not intended to apply generally.
(3)    A decision setting the amount of a regular or special assessment.
(4)    A rule change that is required by law, if the board of directors has no discretion as to the substantive effect of the rule change.
(5)    Issuance of a document that merely repeats existing law or the governing documents.

Changes

4355. §1357.120

(a) Sections 1357.1304360 and 1357.1404365 only apply to an operating rule that relates to one or more of the following subjects:

(1)    Use of the common area or of an exclusive use common area.
 
(2)    Use of a separate interest, including any aesthetic or architectural standards that govern alteration of a separate interest.

(3)    Member discipline, including any schedule of monetary penalties for violation of the governing documents and any procedure for the imposition of penalties.

(4)     Any standards for delinquent assessment payment plans.

(5)     Any procedures adopted by the association for resolution of disputes.
 
(6)    Any procedures for reviewing and approving or disapproving a proposed physical change to a member’s separate interest or to the common area.
(7)    Procedures for elections.

(b)    Sections  1357.1304360 and 1357.1404365 do not apply to the following actions by the board of directors of an association:

(1)    A decision regarding maintenance of the common area.

(2)    A decision on a specific matter that is not intended to apply generally.

(3)    A decision setting the amount of a regular or special assessment.

(4)    A rule change that is required by law, if the board of directors has no discretion as to the substantive effect of the rule change.

(5)    Issuance of a document that merely repeats existing law or the governing documents.