Can My Homeowners Association Make an Exception to the Rules?
Full Question:
Answer:
The answer will depend on the terms contained in the bylaws for voting on an amendment. We suggest you read the terms of the bylaws, covenants and restrictions, and other governing documents carefully for procedures related to amending the rules or allowing an exception.
Please see the following AK statute:
34.08.370. Bylaws.
(a) The bylaws of the association must provide
(1) for the number of the members of the executive board and for the
titles of the officers of the association;
(2) for the election by the executive board of a president, treasurer,
secretary, and other officers of the association specified by the bylaws;
(3) for the qualifications, powers and duties, terms of office, and
manner of electing and removing executive board members and officers and
filling vacancies;
(4) which, if any, of its powers the executive board or officers may
delegate to other persons or to a managing agent;
(5) which of its officers may prepare, execute, certify, and record
amendments to the declaration on behalf of the association; and
(6) for a method of amending the bylaws.
(b) Subject to the provisions of the declaration, the bylaws may provide
for any other matters the association considers necessary and appropriate.
