Are Your Rules Reasonable?
Your association has a number of rules and regulations that unit owners are asked to observe so the association can maintain property values and quality of life. Does your board always try to be reasonable with the rules by following the guidelines below? If you believe a rule fails the “reasonable” test, let the board know your professional opinion. Hopefully, they will consider how we can improve it.
- Does the association make every effort to enforce rules uniformly, taking into account the consequences?
- Developing rules for the sake of having rules is unnecessary. Does the association develop rules only if they’re really necessary?
- Are all of your rules are based on proper authority—either the governing documents or state or local law?
- Don’t make rules to limit your activities. Is the association trying to ensure that each resident can enjoy the community free from the disruptive or harmful behavior of others?
- The association should really not want to punish anyone. Try to make rules that encourage understanding and compliance.
- Managers are often faced with the issue of enforcing a rule that is unenforceable. It can be discouraging to send violation notices to violators knowing that the board will not stand behind enforcement action. It is even more problematic when managers fail to return to the violation after the prescribed remedy time to follow up to see if the issue has been corrected.
Encouraging your board to establish reasonable, enforceable rules that pass the “reasonable” test above is a big step. Standing by you in your enforcement efforts will quickly send word to the unit owners that the association is serious in having all members follow the rules to maintain a happy community.
Until Next Time!