Rules are one of those necessary evils of life. Our society could not function without them. Just think of the problems and chaos our civilization would endure without rules. Rules help maintain an orderly society, spell out what’s expected of us and grant us a sense of safety and security.
From the time we are very young, we have rules that our parents set out for us. By the time we enter school, our teachers are adding more rules and as we grow and mature, society piles on rules from driving a car to filing income taxes to applying for a loan. There is no escaping rules. The majority of us realized a long time ago that we either follow the rules or pay the penalty if we don’t.
What happens when the rules just don’t make sense, are outdated or worse yet, unenforceable? That is a dilemma many homeowners associations are confronting. I would venture to say that we’ve all come across rules that were so outdated that we were stunned. I’ve even come across rules that were in direct conflict with the governing documents and some that were even illegal.
A lot of homeowner associations that are ten or more years old probably have clauses prohibiting antennas, satellite dishes, displaying the American flag, etc. Big Brother has overruled these restrictions for the most part. What about some of the other less common rules that still exist in many associations? A lot of the rules that associations have enacted were meant to clarify or expand on a provision in the governing documents or to spell out acceptable behavior in and around a common element of the community, such as the pool, clubhouse, or playground.
The good news is that most rules can be amended, changed or removed simply by the vote of the Board. Remember, I’m talking about Rules and Regulations not the restrictions found in the Declaration and Covenants, which typically can only be amended by a vote of the membership.
It’s time to take a good look at the rules in your community. Do they help clarify an otherwise ambiguous restriction or limit behavior that could result in injury? Is there a legitimate reason for the rule’s existence? Is it enforceable? If the answer is “no”, then it’s time to re-draft, rethink or remove the rule altogether. Rules need to serve a purpose, be fair, rational and enforceable.
The majority of rules were put in place to maintain property values and help in the peaceful coexistence of the residents in a community. They can also more fully expand on a restriction in the governing documents that may be less than clear.
Take a good look at some of your rules. Does the rule serve a legitimate purpose? Is it written in a clear and concise manner? Does the rule unfairly target a certain population of the community? And possibly most important, if the enforcement of the rule ended up in court would it be seen as a rule that serves a rational purpose, is fair concise and clear or one that was enacted to harass, confuse, harm or antagonize residents?
Board members should come up with ways to make the rules more palatable to the owners. When rules exist for a good reason, are fair to all concerned and are understandable, it’s easier to explain the need for them to the owners and also gain their willing compliance.
Teri Foust
CMCA®, AMS®, PCAM®
Senior Community Manager
Colorado Association Services
This article is provided by Associa.