Is It a Good Rule?

Make sure your rules are right. Rules and regulations should clarify provisions in governing documents and help regulate behavior and property use, but many associations adopt rules that conflict with their own documents, are unduly complicated, nearly impossible to enforce, and may even violate laws. Some churn out reams of rules to settle simple beefs between individual owners when no rule is needed. Then there are rules that are so outdated or so vague that compliance isn't possible. Rules can be too general and can embroil the association and its owners in unnecessary disputes.

It's OK to create new rules. These days, associations are staying on top of the latest trends by addressing short-term rentals, electric vehicles, owners' external security cameras, drones, and marijuana, and more. In each instance, any new rule must follow a certain set of guidelines to pass muster.

GOOD RULES ARE:

• Consistent with applicable laws and governing documents

• Objective

• Reasonable

• Specific, unambiguous, and relatively easy to follow

• Put in writing, distributed periodically, and summarized in the association newsletter and on the website

• Formulated after getting input from the association attorney and community members

• Positive steps that enhance the community and boost property values

When you're ready to create a rule, consider using the active voice rather than passive; tell owners what they should do instead of what they shouldn't. Also consider briefly explaining the reason for the rule. For example, a rule on parking could say, "Park your car head in to avoid damage to the landscape," rather than "NO backing of your car into parking spaces."

Before adopting a rule, associations should communicate the challenges they are trying to address. Consider polling or surveying residents and holding town hall meetings.

This article is from CAI national and may be found at www.caionline.org.

Renovating Old Rules Checklist

Yes or No

Does the rule make sense?

Is this the least restrictive way to approach the issue?

Is the rule still needed?

Does it address a current problem? Is it acceptable to residents?

Is compliance relatively easy? Is it possible?

Does the rule create new problems?

Is the rule getting the results you want?

Is the rule enforceable?

Is the rule legal?

This artilce is from CAI national and may be found at www.caionline.org.