In Michigan, a condominium association Board has the implicit authority to enact reasonable rules and regulations regarding the condominium. Generally speaking, this authority is quite broad and unless otherwise specified in the bylaws, does not require the approval of the individual co-owners within the condominium. Subdivision associations, however, are another matter altogether. Unlike condominiums, there […]
Rules about Rules (UT)
When an association considers adopting new regulations, they often turn to their declaration (CC&Rs) or bylaws. Association rules are sometimes overlooked and underutilized. However they can be the most efficient and flexible means for implementing restrictions or procedures. Read the article…………………………
5 Ways You Can Help Homeowners Follow HOA Rules (NJ)
It is common for homeowner associations (HOAs) to have rules in place for residents to follow. The goals of these HOA rules are typically to encourage a positive community, maintain property values, and create a safe neighborhood. While the intentions are good, some homeowners may overlook their helpful nature. Read the article…………………………..
6 Ways to Encourage HOA Rule Compliance
As a member of a homeowners’ association (HOA), you’re legally required to follow all rules and regulations. At first glance, having rules for a neighborhood or community may seem restrictive; however, there are many benefits to having a robust set of guidelines. Read the article……………………………
CC&Rs or rules, and a forgotten bylaw amendment (CA)
Q:I’m confused between “rules” and “CC&Rs.” Our board, over the years, has implemented new rules. What I don’t understand is: How is this different than making changes to the CC&Rs, which would require homeowner approval? For example, the board passed a rule that prohibited playing sports in the street. When I bought my house, there […]
HOA Rules vs. Policy: What’s the Difference?
You’ve heard the terms rules and regulations, CC&R’s, bylaws, resolutions and policy – but what do they mean? How are each of them different and which term is appropriate to use? There are subtle differences between them, but there are also similarities. In fact, some of them even overlap in terms. We’ve composed a definition […]
Top Seven Recommended Policies – Do You Have Them All? (CO)
Most everybody knows by now that Colorado associations are required to adopt nine good governance policies pursuant to CCIOA (Colorado Common Interest Ownership Act). However, do you know that in addition to the required policies there is a slew of not-required, but highly recommended policies for associations? Read the article………………………
Slow Your Roll: How to Address Speeding Issues in Your Association (FL)
Speeding is a big problem for many community associations — a problem that is not always easily addressed or corrected. How can your board slow the speed of traffic in your community? If your association does not currently have traffic rules, you may be able to rely on a nuisance provision in your Declaration. Alternatively, […]
Prohibiting Weapons on Association Property (GA)
The debate over gun control may rank amongst one of the most divisive issues across the nation. With tragedies such as Columbine, and the more recent Aurora, Colorado theater shootings, many groups are pushing for stricter gun control laws across the nation, while others are standing their ground to preserve their Second Amendment rights. Every […]
Can an Association Create and Enforce Rules that Only Apply to Children? (CA)
Asked – Our Association is seeking legal guidance regarding children playing in the common areas and driveways. Several homeowners have complained about the number of children playing without supervision. Drivers report their concern for the children’s safety as there have been several reports of children almost hurt. The Board would like to know if they […]
Fines and Penalties – Using Them Fairly and Effectively (NY)
Community living comes with lots of rules and regulations—many of which are codified in largely static, hard-to-amend governing documents like proprietary leases and condominium declarations. Others are laid out in the more flexible context of house rules, which can (and should!) continue to evolve as times change and community values and demographics shift. House rules […]
Recent HOA Case a Good Reminder in North Carolina & South Carolina
At Black, Slaughter & Black we keep track of legal trends and recent case law that impacts our HOA and condo clients. Although it is a case out of Virginia, the decision in Sainani v. Belmont Glen Homeowners Association, Inc. highlights three important themes that HOAs in North Carolina and South Carolina should be aware […]
Why Behavior-based Rules are a Community Association Manager’s Best Friend
From Old Yeller to Lassie, Americans have a long history of loving their pets. According to The Harris Poll, 62% of households have at least one pet and 95% of pet owners consider pets part of their family. Responsible pet owners make responsible residents. Many community associations have rules related to pets, including restrictions based […]
How Can Your HOA Enforce Proper Swim Attire?
Can our community adopt rules concerning appropriate attire at the pool? How would we enforce it? We have a lot of families and young children using the pool during the summer, and we’d like to head off a potential problem if possible. Read the article………………………..
Are Our HOA Rules Reasonable?
Rules and regulations help community associations maintain property values and protect a quality of life. These standards are typically described in detail in an association’s governing documents, which all homeowners should have an opportunity to review before purchasing a home in a common-interest community. Read the article……………………….
Speed Zones and Mitigating Traffic in Community Associations (FL)
We are often asked to provide our opinion and guidance regarding the rights and duties of Associations to install speed/traffic control devices and/or otherwise manage traffic on Association Property. Many Associations experience problems with drivers exceeding acceptable speed limits along Association roadways. Some Associations have gone to great lengths to address this problem, by installing […]
Implementing HOA and Condo Clubhouse Policies
Summer is in full swing and that means HOA and condominium clubhouses and recreation centers are experiencing a higher than average volume of users. Ranging from small enclosed gazebos to elaborate mini country clubs, these structures serve a multitude of functions. Since more residents are using these amenities this time of year, now is […]
Misadventures in Rulemaking
Arguably the most challenging task a community association board of directors can undertake is drafting rules and regulations for their community. Good intentions, but bad drafting, can lead to unanticipated results and make enforcement difficult or impossible. Read the article………………………
Defining Commercial Vehicles in an HOA
Q: Our homeowners association covenants, which are decades old, allow two cars per household and no commercial vehicles. Over the years, the demographics in our community have changed, and we now have more blue-collar residents who own their own businesses. We also have police officers with patrol cars and EMTs with an ambulance living here. […]
Guidelines for Creating Community-Friendly Association Rules (NC)
Let’s face it, we all need rules. Knowing what’s acceptable and – perhaps more importantly, what isn’t – helps set standards and define expectations and consequences. Knowledge of what is and isn’t acceptable also generally provides a structure for successful management and peaceful coexistence whether it be at the office or out on the roadways. […]
What is a Reasonable Long-Stay Guest Policy for Your HOA? (TX)
No one likes having their ability to host guests limited by an authority. Especially when they own their home and feel they should have full control over who comes and goes. It’s understood that rental homes need every adult resident on the lease as a matter of legal accountability. However, most people don’t realize that […]
Rules on Drones All Community Associations Should Consider (FL)
Drones have become extremely popular for those who yearn for the latest gadgets and gizmos. Many associations have already adopted rules to address the use of drones in their communities, and those that have not done so should give it serious thought and consideration. Read the article………………….
Can My Association Board Pass a Rule Regarding That? (FL)
You attend your association’s monthly board of directors meeting because you notice an item on the agenda that piques your interest. The board of directors is scheduled to consider and pass a rule regarding _________ (you fill in the blank). You ask yourself “Can they do that?” The answer, as it is many times, is […]
Top 10 Do’s & Don’ts of Drafting Community Association Rules and Regulations
Writing Community Association rules and regulations can seem like a daunting task. Here is a list of 10 Do’s and Don’ts to help you when drafting your community association rules: Read the article………………………
Ask the HOA Expert: Rules With Reason
Homeowner associations (HOAs) are the fastest growing form of home ownership in America. In metropolitan markets, they can account for over 2/3rds of all new home construction. As more buyers choose this form of housing, condos and planned communities are becoming a dominant force to be reckoned with. HOAs are quasi-governments that collect mandatory fees […]
Amending Rules: Updating Bylaws and House Rules to Fit Your Community (NY)
Co-op, condo and HOA boards are tasked with a great many responsibilities – including determining and promoting both the day-to-day and longer-term interests of their residents. That’s a tall order, and it’s largely achieved through the implementation of rules and regulations designed to serve those interests while prohibiting activity that could be detrimental to the […]
Part VI: Community Rules Development & Enforcement – Architectural Guidelines
In this weeks edition of our Rule Development and Enforcement for Communication Associations series, we delve into the topic of Architectural Guidelines. These guidelines can be a real time-saver while offering your homeowners a more convenient and efficient avenue towards architectural alterations. Read the article………………..
Part V: Community Rule Development & Enforcement- Resolutions
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the topic of Resolutions. There are four basic types of resolutions for a community association: Read the article…………………
Wrestling Over What’s Makes a Rule “Reasonable” (NY)
What does it mean when a co-op’s proprietary lease or a condo’s bylaws state that “consent shall not be unreasonably withheld”? Is the Business Judgment Rule standard used? If not, what is the standard? These are the issues addressed by the court in the case of Perrault vs. Village Dunes Apt. Corp. Read the article………………….
Part IV: Community Rule Development & Enforcement – Architectural Guidelines
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the development of Architectural Guidelines. Next time we will go into greater detail about Board Resolutions, so stay tuned! Read the article………………
Part III Rule Development & Enforcement- The Do’s and Don’ts
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the do’s and don’t’s of Rule Development, along with adoption and implementation procedures. Read the article……………….
HOA Rules Rule
According to the Community Associations Institute, some 50 million Americans live in homeowner association communities. HOAs are quasi-government entities that are responsible for maintaining services and shared amenities plus collecting the mandatory fees to pay for them. They also have the power to enforce architectural standards and rules, much as a government would. These rules […]
HOA Rule vs. Policy: What you Need to Know
Rules and policies are an important part of an association’s governing documents. An association’s governing documents prescribe what the association is, how it runs, what its goals are, and the restrictions home owners agree to abide by while living within the common interest development (CID). As with any hierarchy, there is an order of authority […]
Rule Development and Enforcement for Community Associations– Part II
Continuing on with our series on Rule Development and Enforcement for Communication Associations, this week we delve into the board’s authority to make and enforce rules, define rules and guidelines, as well as their scope. Read the article………………
Rule Development and Enforcement for Community Associations Part 1
Over the course of the next few blogs, we will be providing a brief overview of rules and architectural guidelines in community associations, including: • Scope of Rules and Architectural Guidelines • Developing valid and enforceable Rules using formal rule making procedures • Four Types of Resolutions for Community Associations • Developing and implementing a due process procedure for […]
Your Cheat Sheet for Creating a Rules Enforcement Policy
Living in a community association comes with certain responsibilities – such as abiding by the founding legal documents, paying assessments, and following the rules and regulations put forth in the declaration, bylaws and resolutions of the Board of Directors. Conversely, it’s the association’s job to establish an enforcement process that is fast and fair to […]
Rules and Regulations: Staying in Your Lane and Avoiding Potential Hazards.
As part of our community association practice I am often asked by clients to review their rules and regulations. While this may seem like a rather simple task, it many times is made more complicated by Board confusion over what they have authority to control through the rules and regulations. Put simply HOA and condominium […]
When Making Rules, Boards Need to Know Their Limits (NY)
House rules and building regulations are usually the domain of co-op and condo boards. However, boards must make sure they don’t go off the rails in promulgating rules and fines that are either disproportionate to the targeted offenses or not expressly permitted by the co-op’s proprietary lease or the condo’s bylaws. Those governing documents form […]
Helpful Tips for Creating HOA Board Resolutions
HOA board volunteers choose the best and most efficient ways to govern. Creating resolutions is one common method for amending documents that establish policy or set rules. By addressing the who, why, what, and how, a resolution is a formal record of a board decision. HOA board resolutions should adhere to federal and state law, […]
It’s Time to Change the Message (Part 1)
……I’ve seen this reality play out big time in community associations. In the early years of the Community Associations Institute, the emphasis seemed to be on covenants compliance. Boards and managers alike fell into the trap of proficiency and efficiency in enforcing covenants and rules without going deeper. They acted more like technocrats following procedures […]
The Three Rs In Your Homeowner’s Association
Readin’, ritin’ and rithmatic used to cover what most needed to know, as long as they lived in the “holler”. But homeowner associations have their own version of the Three Rs called Rules, Regulations and Resolutions. These are the policies and procedures that define HOA standards. They must comply with state and federal law. For […]
The Three Rs In Your Homeowner’s Association
Readin’, ritin’ and rithmatic used to cover what most needed to know, as long as they lived in the “holler”. But homeowner associations have their own version of the Three Rs called Rules, Regulations and Resolutions. These are the policies and procedures that define HOA standards. They must comply with state and federal law. For […]
What do Your Rules Say about Your Community?
A lot has been said about community association rules, but most of these discussions center on the content of the rules as opposed to the overall language used or impression the rules give to owners within the community. Yet, there is another aspect of rules to consider. A good set of rules conveys not only […]
What rules can homeowners associations (HOAs) have? (FL)
If you buy a home that comes with an HOA, you have to agree to pay the HOA fees when you buy. You also have to agree to the rules of that association. The upside is that you get community amenities, services and the knowledge that your neighbors will also follow the rules. Read the […]
Child’s Play
The HOA Act states that, unless otherwise provided in an association’s governing documents, an association may adopt and amend rules and regulations. RCW 64.38.020(1). With such broad authority, how does a board know if a rule goes too far? Is there a rule of thumb? I thought about these questions recently after hearing about an […]
Consistency Is a Virtue in Rules Enforcement; Exceptions Should be Limited and Fair
Consistency may be “the hobgoblin of little minds,” as Ralph Waldo Emerson suggested. But it is also an article of faith for many condominium boards, who fear, and rightly so, that if they don’t enforce rules consistently, they may not be able to enforce them at all. Exceptions can all too easily swallow a rule. […]
Mother May I? Coping with Permissions in Community Associations
Everyone remembers our parents’ favorite retort: “When you’re 18 and on your own, you can do what you want, but when you’re in my house, it’s my rules” or something similar. No matter what we wanted to do as young people, there was always someone who had to give us permission to charge ahead. Many […]
Drafting and Enforcing Parking Restrictions
Despite the going green initiatives and increased use of public transit, ownership and use of automobiles remains a necessity for most. Our need for automobiles translates to parking problems in many communities with limited parking availability. To help alleviate their parking problems, many of these communities have adopted parking restrictions and regulations. Read the article……………….
Rental Caps: The Good, The Bad and the Ugly
A rental cap is a mechanism put in place to limit the number or percentage of units which may be rented at any one time in a community. While not every community needs, wants, or should have a rental cap in place, before you spend the time and money on getting one drafted and approved […]