Can Community Members Change The Rules?
Yes. The owners can amend either the declaration or bylaws with the consent of 75% of the owners unless the declaration or bylaws specify otherwise. O.R.C. §5312.05. Owner consent can either be obtained in writing or at a meeting of owners. Id. The board is also empowered to adopt rules relating to management of the common elements “and any other rules as the declaration provides.” O.R.C. 5312.06(D)(5). Rules adopted by the board can be amended or repealed by the board. A board can only adopt rules relating to matters within its authority. Thus, a rule adopted by the board which does not relate to common elements and is not within the board’s rule-making authority as set forth in the association’s declaration and Planned Community Law is invalid.
If a rule adopted by the board conflicts with the declaration or bylaws, the declaration or bylaws take precedence. If the declaration or bylaws conflict with Ohio’s Planned Community Law, the statute takes precedence. Hence, if an owner wishes to change a rule adopted by the board which the board does not want to change, the owner can effectively repeal or amend the rule by organizing an amendment to the bylaws and/or declaration via member vote.