Rules & Regulations

Published on May 19, 2021

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PRESENTATION OUTLINE

Rules & Regulations

Photo by park dasol

[Hold Example Slide]

What We'll Cover

  • Governing Documents
  • Types of Rules
  • Enforcement of Rules
  • Samples (Good & Bad)
Photo by RetroSupply

Hierarchy

  • Federal/State Law
  • Declaration/CC&Rs
  • Plat
  • Bylaws
  • Rules/Regulations/Resolutions
Photo by Wesley Tingey

Characteristics of Rules

  • Generally adopted by board w/o owner vote
  • May not conflict with other governing documents
  • NOT recorded

Categories of Rules

  • Use (common areas, lots, units)
  • Architectural/Aesthetics
  • Behavior
Photo by Jason Briscoe

Types of Rules

  • Pets
  • Parking
  • Noise
  • Renting
  • Common Area Usage
  • Maintenance
  • Enforcement
Photo by Dylan Gillis

Criteria

  • Consistent
  • Relate to Operation/Purpose of Community
  • Reasonable
  • Fair
  • Capable of Uniform Enforcement

Authority

  • Implied
  • Specific
  • General
Photo by Adam Birkett

Implied Authority

  • Rules governing common property
  • Rules governing lots or units to protect common property or common elements
  • May be restricted by statute or governing docs
  • Likely extends to rules ensuring Association can carry out its functions
Photo by Andrea Davis

General Authority

  • Statutory rule making authority
  • Limitations

[Screenshots of Statutes re: rules]

Nuisance

  • Unreasonable interference
  • Incapable of exact definition
  • Odors, noises, but usually NOT aesthetics
  • Local ordinances
Photo by Brooke Cagle

Specific Authority

  • CC&RS: "BOD may adopt reasonable parking rules"
  • RULE: "No vehicles more than 6000 lbs"
Photo by Doha Sam

Process

  • Identify Need
  • Identify Authority
  • Use Committtes
  • Solicit Owner Feedback
  • Adopte and Distribute
Photo by Kelly Sikkema

Format

  • Cite Authority
  • Explain Purpose
  • Discuss Scope & Intent
  • Don't use "Whereas"!
Photo by stan

Enforcement of Rules

  • Fines
  • Injunctive Relief
  • Self-help
Photo by wyldwest

Common Defenses

  • Unequal Enforcement
  • Waiver
  • Improper Adoption
  • Lack of Authority

Tips

  • Keep Rules Simple
  • Tailor to Community
  • Convey the Benefit or Need
  • Provide Flexibility When Possible
  • Make Sure Owners Have Notice of Rules
Photo by John Lockwood

[Samples]

Unreasonable Rules

  • Safety hazards (lighting prohibition and assult)
  • Unenforceable or too intrusive (Hawaii condo candles)
  • Target a particular group (familial status, disabilities)

Fines

  • Notice
  • Opportunity for hearing
  • Schedule of fines
  • fines = assessments
Photo by Markus Spiske

Controversial Rules

  • Children
  • Flags & Flag Poles
  • Political Signs
  • Holiday Decorations
  • Pets
  • Home office use
  • Commercial vehicles
Photo by RetroSupply

Reasonableness!

Photo by Costa4NY