What type of law would our Proposed Legislation be?
Our Proposed Legislation would be Regulatory laws and Administrative laws. See the relationship between these types of laws below. Criminal laws relating to HOAs, such as embezzlement, racketeering, etc, are already written, but there is no government agency in most states or the Federal government that enforces, them investigates them, or prosecutes them if they occur in an HOA.
Hierarchy of Laws:
To clarify, here's a simplified hierarchy:
Constitutional Law: The foundation of laws, outlining the framework and principles of a country or state.
Statutory Law: Laws enacted by legislative bodies (e.g., Congress, state legislatures, or parliaments).
Criminal Law: Statutory laws that regulate crimes and punishments.
Administrative Law: Statutory laws that govern administrative agencies and their regulations.
Civil Law: Statutory laws that govern disputes between individuals, organizations, or government entities.
Relationship Between Statutory and Administrative Laws:
Administrative laws are often created through the authority granted by statutory laws. In other words, statutory laws provide the framework and authority for administrative agencies to create regulations.
For example:
A statutory law might establish a regulatory agency, such as the Environmental Protection Agency (EPA).
The EPA, in turn, creates administrative laws (regulations) to implement the statutory law and achieve its goals.
So, to summarize:
Statutory laws are a broad category of laws that include both criminal and administrative laws.
Administrative laws are a subcategory of statutory laws, created through the authority granted by statutory laws.
Regulatory Law:
Regulatory law is a type of administrative law that governs the enforcement of regulations and standards set by government agencies. In the context of environmental law, regulatory law includes:
Permitting: Requirements for obtaining permits to operate facilities, such as factories or power plants.
Compliance: Enforcement of regulations and standards, including inspections, monitoring, and penalties for non-compliance.
Examples of Laws and Regulations:
Some examples of laws and regulations related to pollution controls on buildings include:
Clean Air Act (CAA): Regulates air pollution from stationary sources, such as power plants and industrial facilities.
Clean Water Act (CWA): Governs water pollution from point sources, such as factories and sewage treatment plants.
Resource Conservation and Recovery Act (RCRA): Regulates hazardous waste management and disposal.
Violations of these laws and regulations can result in penalties, fines, and other enforcement actions.
can cities and county laws create administrative laws?
Yes, cities and counties can create administrative laws, but there are some limitations and nuances.
Local Government Authority:
Cities and counties have the authority to create laws and regulations within their jurisdiction, as long as they do not conflict with state or federal laws. This includes:
Municipal ordinances: Cities can enact ordinances that regulate various aspects of local life, such as zoning, building codes, and public health.
County regulations: Counties can adopt regulations that govern county-wide issues, such as land use, environmental protection, and public safety.
Administrative Law at the Local Level:
Local governments can create administrative laws that:
Implement state or federal laws: Cities and counties can adopt regulations to implement state or federal laws, such as environmental regulations or building codes.
Regulate local matters: Local governments can create regulations to address local concerns, such as noise ordinances, parking regulations, or zoning laws.
Limitations:
While cities and counties have significant authority to create administrative laws, there are limitations:
State and federal preemption: State or federal laws can preempt local regulations, meaning that local laws cannot conflict with or supersede state or federal laws.
Constitutional limitations: Local governments must ensure that their regulations do not violate constitutional rights, such as freedom of speech or equal protection.
Examples of local administrative laws include:
Zoning ordinances: Regulate land use and development within a city or county.
Building codes: Govern the construction and maintenance of buildings within a local jurisdiction.
Environmental regulations: Regulate local environmental issues, such as stormwater management or waste disposal.
Much of the information on this page was collected from Meta AI inquiries.
Patrick Johansen
Founder
HOA Reform Leaders National Group https://www.facebook.com/groups/hrlng
503-781-4492
We are not attorneys. All communications are opinions and beliefs.
Nothing in our communications should be considered to be legal advice.
"The only thing necessary for the triumph of evil is for good men to do nothing." - Edmund Burke