RealManage Insight

Part I: Rule Development & Enforcement for Community Associations - Make, Enforce, Define

Part I: Rule Development & Enforcement for Community Associations - Make, Enforce, Define

HOA | Condo Rules & Regulations and Enforcement

Over the course of the next few blogs, we will be providing a brief overview of rules and architectural guidelines in community associations, including:

•  Scope of Rules and Architectural Guidelines
•  Developing valid and enforceable Rules using formal rule making procedures
•  Four Types of Resolutions for Community Associations
•  Developing and implementing a due process procedure for enforcing rules

Community Associations use rules and architectural guidelines to:

•   Promote harmonious community living
•  Maintain, preserve, enhance and protect the property values and assets of the community

Careful rule making and enforcement are essential for community associations for several reasons:

•   The need to create a sense of fairness and equity among residents
•   People are more likely to question and challenge authority
•   When rules are poorly developed or enforced, courts have ruled against community associations

The responsibility to make and enforce rules rests with the Board of Directors of a community. This series will help explain:

•   The Board’s authority to make and enforce rules
•   What are rules and architectural guidelines
•   The scope of rules and regulations
•   The sources of the association’s authority to make and enforce rules

In this blog post, let's start by delving into the board's authority to make and enforce rules, define rules and guidelines, as well as their scope.

BOARD’S AUTHORITY TO MAKE AND ENFORCE RULES? The power of the board to enact rules and regulations is generally defined in the declaration, bylaws, and/or state statute. Sometimes the board’s right to enact rules is limited by the requirement that members approve the rules.

WHAT ARE RULES AND GUIDELINES: A rule or regulation is a specific statement of required behavior or action. An architectural guideline is a rule that applies to the appearance of an owner’s lot or the exterior of their unit or improvements. To give you an idea of the scope of rules and guidelines, here are some typical areas of rule making.

By Mary Arnold, CMCA®, AMS® on Oct 2, 2018 8:09:00 AM
   
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