Your association has a number of rules and regulations that you ask co-owners to observe so everyone can maintain their property values and quality of life. You always try to be reasonable with your rules by following the guidelines of your By-Laws. If you believe a rule fails the “reasonable” test, then you must take a step back and ask how you can modify it.
Any time you begin to discuss rules and regulations within a community you will inevitably find that your have two camps that your association can be divided into; the Maximums and the Minimums.
The Maximums are those who believe that the by-laws of the association should be followed right down to ever word, comma and period. There is to be no variance. In areas that are too vague they believe that the board should adopt rules that address everything from the volume of a child's laughter to the color of the petunias that are planted in front of your unit. They are the first to call about a dog in the complex and the most vocal about parking violations at an annual meeting.
The Minimums are those who answer, "By-laws? What are those?" when confronted about a possible violation. They bought their unit in blissful ignorance to the fact they they were moving into a planned community that was well regulated by a set of governing documents. They are the first to be accused in any possible wrong doing within the association.
So how can the Board meet the needs and concerns of both of these distinct co-owners? The short and simple answer would be communication. Although it might seem redundant to long time residents a periodic update to the Resident Handbook should be done every few years and re-distributed to all residents, as well as any tenants leasing units in the association. If your community doesn't have a recently published Resident Handbook to supplement the by-laws your board should consider publishing one.
Newsletters are also a great way to keep residents up to date on revised rules and regulations. At best your entire board should be up to speed on the most common complaints and violations. With these common instances in hand the board can develop a brief update to include int the next newsletter.
Adopting new rules and regulations is a tricky area in which the board should consult closely with their Association Manager as well as their attorney. Confirm within your governing documents the board's ability to adopt rules and regulations. After confirmation you may elect to develop rules an any number of topics, as long as they are reasonable.
Some examples would be :
- Pet size or breed restrictions
- Parking areas / guest parking restriction
- Use of a clubhouse or pool
- Landscaping guidelines
- Holiday Decorations
In developing rules and regulations for your association the board should consider the following criteria-
- We make every effort to enforce rules uniformly, taking into account the consequences.
- We think developing rules for the sake of having rules is unnecessary. The association develops rules only if they’re really necessary.
- All our rules are based on proper authority—either our governing documents or state or local law.
- We don’t make rules to limit your activities. We’re trying to ensure that each resident can enjoy the community free from the disruptive or harmful behavior of others.
- We really don’t want to punish anyone. We try to make rules that encourage understanding and compliance.
Following these guidelines will ensure that you are meeting the needs of both the Maximms and Minimums. Your duty as a board member is simply to maintain the association in a way that benefits all residents. Doing so will ensure that the property maintains its value and that a majority of co-owners are happy.
