What is the difference between the CC & Rs and policy enacted by the Board of Directors?

The major difference between the CC&Rs and policy is that the DWBOD is allowed to make rules or clarify the way rules are enforced by issuing new policy. Policies cannot override CC&Rs, but can offer some interpretation about how CC&R requirements will be met. It is exceptionally difficult to modify the CC&Rs, but not overly difficult to craft or change Policy.

For example, the CC&Rs and Bylaws cover such topics as:

• Property-use restrictions
• Mechanisms for rule enforcement and dispute resolution
• Assessment obligations
• The rights of the Declarant
• Frequency of HOA board elections
• Duties and responsibilities of board members
• Process for nominating and electing new board members
• Number of members that serve at one time
• Length of board member service terms
• Meeting frequency and quorum requirements

Policy, or the rules and regulations of Dunes West, are enacted by the Board in response to changing conditions within the community and the need to define high-level requirements in the CC&Rs in more detail.  For example:

• No jumping off the dock
• No overnight boat docking
• No parking in the common spaces
• Architectural Review Board Standards and policies