Rules, Regulations, and Policies

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Association Boards are typically granted the power and authority by the Association’s CC&Rs/Master Deed or Bylaws to adopt rules and regulations for the community. This is an important power and tool for the Association to help manage and protect the community and to keep community standards.  While the Association’s CC&Rs/Master Deed or Bylaws may have some restrictions on the uses of lots/units and common areas, these are generally not (and are not intended to be!) comprehensive in their coverage. Often, the CC&Rs/Master Deed and Bylaws will specifically state that the Board can or will adopt more specific rules relating to various topics covered in the documents. Unlike amendments to an Association’s CC&Rs/Master Deed or Bylaws, rules and regulations typically do not require approval of the owners, and can be adopted solely by vote of the Board.

We strongly believe that having clear rules and standards is a necessary component to keeping up standards and ensuring that HOA and Condominium communities are enjoyable for all owners and residents. 

Rules can cover a broad range of activities and behaviors for owners and residents in your HOA or Condominium community, including, without limitation, such things as: 

· Building or community access

· Parking requirements and policies

· Amenities use and hours (such as pools, club houses, community rooms, etc.)

· Architectural guidelines and procedures

· Disciplinary procedures and fines for violations

· Collection policies and procedures for unpaid assessments

· Rules and procedures for records and review of records by owners

· Pets and animals requirements

· Maintenance obligations and procedures

· Responsibility for plumbing related issues

· Insurance requirements and rules/procedures for policies/claims

· Meeting procedures and conduct

· Use of cameras/security devices in common areas

· Smoking policies 

· Harassment and treatment of members, vendors, employees

· Procedures and requirements for rentals of lots or units

While it is important for an Association to have appropriate rules in place, it is also critical that the rules are compliant with the Association’s other governing documents and with the law. If rules conflict with the Association’s other governing documents or the law, then they are not enforceable, and the Association may face disputes with owners over such disparities.

Our firm can help your Association with the preparation and adoption of rules and policies, whether these are a general set of rules, or rules, procedures, or a policy relating to a specific topic. We can also assist with a review of your current rules to ensure they are compliant with applicable law and with your other governing documents. 

At the very least, we recommend that all Associations should have rules that include hearing, enforcement, and fine procedures (including a fine schedule) that provide specific procedures and protections for the imposition of disciplinary action for owners who violate the governing documents, and a collection policy that clearly lays out the Association’s policies and procedures for when an owner is delinquent in the payment of assessments, including such things as assessment due dates, penalties for nonpayment (such as late fees and interest), and the procedures the Association will take to collect unpaid assessments (including the engagement of legal counsel, the recording of assessment liens, and the initiation of legal action and/or foreclosure proceedings against nonpaying owners). 

If you would like our firm to assist your Board with the preparation of specific rules or policies, or if you would like us to review your current rules for compliance with the law and your current governing documents, please contact us. Alternatively, if there is a specific issue you are facing in your community, we can discuss how your Board may be able to adopt rules to help address the issue. 

Use the form below to contact us and we will be happy to answer any questions you may have.