The intent of rules and regulations, which are a tool for the Board, is to provide a practical framework for everyday living that will help to assure mutually comfortable surroundings and security for all owners, residents and guests. Rules and regulations also help assure a better understanding and cooperation between owners, residents, guests, management and staff.
These rules and regulations are established by the Board for the benefit of the association. Once written, reviewed by the association’s attorney and distributed to the owners and residents, they should be enforced.
All owners are legally obligated to observe all of the provisions of the rules, Declaration and By-laws. These rules govern the conduct of all residents and any person on the property at the invitation/permission of any resident. Which means that owners are responsible for the conduct of all lessees or guests.
As a unit owner, it is your responsibility to thoroughly read and adhere to all of the rules and regulations. Landlords are responsible to make sure that their tenants are also reading, understanding, knowing and abiding by the rules and regulations.
All residents, tenants and owners must cooperate in making sure the community operates in harmony. Community living is a different living arrangement than any other and requires the understanding of everyone, and that rules and regulations are necessary to assure a quiet, comfortable atmosphere in which to live.
All owners, residents and their guests shall be held accountable for any violation of the rules and regulations. The Board of Directors then, at its discretion, may take any and all such action(s) as it deems appropriate, with respect to such violations, as permitted by law or the Declaration and By-laws of the association. And may levy a fine, as defined in the rules and regulations, after the offending unit owner is given an opportunity to be heard.
Not having an opportunity for a unit owner to be heard regarding a violation of the rules and regulations, is perhaps the biggest mistake made by associations in the enforcement of their rules and regulations. This is because a fine cannot be levied until the offending unit owner has had an opportunity for a hearing to dispute the potential fine.
From a manager’s perspective, rules should cover as many violations that effect enjoyable community living as possible, but they should also be reasonable and enforceable. Rules and regulations should also be easy to understand and easy to obey. Rules should also be flexible in case circumstances, laws or conditions change.
Remember, rules should be expected to improve the quality of life for all residents and their guests.
Written and Presented by: Tom Skweres, CMCA
Regional Vice President with ACM Community Management
Presented at ACTHA North Expo, Saturday, October 15th, 2016