Association Rules That Nobody Likes

Community Associations Owning a home in an association

Often community associations have a rule that no one follows.  They may even have a regulation concerning the use of an asset that completely conflicts with its very purpose.
When a rule or a regulation that doesn’t make sense, change or eliminate the rule, don’t just ignore it.  Ignoring the rule compromises all Rules and Regulations, even if it’s only one.
So where to begin?  If the violation is in your community’s Declaration, review the steps required to amend the document and follow the process to the letter.  This may take a vote of the membership; however, if the violation is something the community as a whole doesn’t follow, it should be relatively easy to acquire the needed votes to make the revision or amendment.
In an established community, there may be requirements in your governing documents that have been invalidated by changes to state law, which override community documents. If there are a number of things that need to be changed, some communities form a committee of volunteers to look at all of the Rules and Regulations and Declaration, By-Laws and even the Articles of Incorporation.
If the unreasonable or unfollowed rule is a part of the association’s Rules and Regulations, oftentimes the community’s by-laws allow changes to be made with a simple vote by the Board of Directors.
Another advantage to making revisions:  the community can create a set of rules or covenants that are current, applicable and easy for property owners to follow.  Plus, updated and sensible rules and regulations could look more reasonable to future purchasers who may ultimately find your community a more desirable place to live.
Jane J. Jarlenski, CMCA®, AMS®, PCAM®
Senior Management Director
Rampart Properties
, Inc. AAMC