RETHINKING COMMUNITY ASSOCIATION RULES: LESS IS MORE
By
Rafael Aquino
Published June 5, 2024
Rules are essential for maintaining order and
ensuring a harmonious living environment in community associations.
However, I believe in quality over quantity when it comes to rules.
Excessive or overly complex rules often feel like "gotcha" traps
rather than meaningful guidelines addressing real issues. Effective
rules should be simple, clear, and concise, ensuring they serve the
community's best interests without becoming a burden.
The primary purpose of rules in a community
association should be to promote health, safety, and welfare. They
must be reasonable and not arbitrary. For instance, a rule that bans
blue cars in the community would be unreasonable and likely
unenforceable. Rules must have a valid purpose directly relating to
the well-being of residents.
It's also crucial that any new rules do not
contradict the association's governing documents. For example, if
the declaration of the condominium states that pets are permitted,
the board cannot introduce a rule banning pets entirely. Instead, a
more practical rule could specify the allowed weight limit for pets.
This approach keeps the rule straightforward and aligned with the
existing regulations, making it easier for residents to understand
and comply with.
Before implementing any rules, it's essential to
check the association's bylaws or articles of incorporation to
determine the board's power. Some documents may only grant the board
the authority to make rules about using common elements, while
others may extend this power to include unit or parcel use. Working
closely with the association's attorney during this process ensures
that any new rules are legally sound and enforceable.
Another critical consideration is the
association's ability to enforce the rules. When creating new rules,
the board must evaluate whether the association has the necessary
staff or resources to enforce them effectively. Rules that cannot be
consistently enforced may lead to frustration and non-compliance
among residents.
In conclusion, effective rules are those that are
necessary, reasonable, and easy to understand. They should enhance
the living experience within the community without creating
unnecessary complications. Community associations can foster a more
positive and cooperative environment by keeping rules simple and
ensuring they have a clear purpose.
Reflect on your community's rules: Are they clear
and purposeful, or do they create confusion and frustration?
Simplifying and clarifying rules, as well as collaborating with your
association attorney and management, can lead to a more harmonious
community.
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