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 […]
Beware When Revising Your Pet Policy
Want to make sure you get a quorum at your annual meeting? Announce that the board is going to discuss one or more of the following: redoing the lobby; raising maintenance; modifying the building’s pet policy. “Any change to a building’s pet policy has the potential to rankle apartment owners like few other changes a […]
HOA Homefront: Recipe for reasonable rules
One important board responsibility is to adopt and enforce community rules. Developers, when creating common interest communities, provide CC&Rs and bylaws (usually boilerplate), but typically do not create rules. So, it is up to the volunteer boards to create necessary and reasonable rules for their communities. Read the article…………….
How to Evaluate and Update Your Rules & Regulations
Your community’s governing documents provide a framework for your HOA’s structure, operations, and standards. We have covered the distinctions between the different types of governing document in a previous post, but here is a quick summary: Read the article………….
Guidelines for HOA Rules in Your Community
Homeowners associations have a number of rules and regulations that members are asked to observe so that everyone in the association can maintain their property values and quality of life. The association should always try to be reasonable with its rules by following the guidelines below. Read the article…………..
What the HOA Board Should Know About Making Association Rules
When thinking of rules within a California Homeowners Association, what comes to mind are the few but chronic rule breakers that somehow find their way into some associations, and how nice it might be to have a spell to bring about compliance in the HOA community. Read the article…………..
Yes You Can Change Your HOA Rules! Here are the 3 Keys to Making It Happen
Did you just fall in love with a Great Dane puppy only to find out your association has a 50 pound weight limit on dogs? Are you expecting a long-term house guest who won’t be able to park overnight on the street during their stay? Your association has Rules for a reason – don’t break […]
HOA Move In & Move Out Policy
When residents move in and move out, particularly in common wall homeowner associations, proper planning is called for. Below are elements of a Move In & Move Out Policy which can be adapted to your use. Scheduling. All moves in or out must be scheduled with the Management at least two (2) business days prior […]
Four Policies Your High-Rise Association Should Formalize Right Now
High-rise living often appeals to many people for the wealth of amenities, concierge-level services and unique culture. But with this lifestyle comes challenges. Close quarters and the need for residents to exercise mutual respect can sometimes lead to friction and conflict – this is when formal policies need to come into play. Read the article………..
3 Tips for Handling Owner Concerns
Everyone has concerns and complaints, and when you are part of an HOA board, you are going to hear a lot of them. If your association is getting overwhelmed with trying to respond to every complaint a homeowner has, check out these three tips. Read the article…………..
MI CT of Appeals Rules That Condominium Rules and Regulations Cannot Supersede the Master Deed and Bylaws
In The Mt. Vernon Park Association v Chantelle Clark, Michigan Court of Appeals Docket No. 323445 (December 29, 2015) (Unpublished) and The Mt. Vernon Park Association v Patricia Williams, Michigan Court of Appeals Docket No. 323482 (December 29, 2015) (Unpublished), the Michigan Court of Appeals held that a Michigan Condominium Association could not create rules […]
The Three R’s of HOAs: Rules and Regulations
When most people hear the term “the three R’s,” they probably think of the phrase “reduce, reuse, recycle” that they learned in grade school. But did you know that there are three R’s that apply to homeowner associations, too? Rules, regulations, and resolutions are a core part of every HOA and they help define the […]
HOA must make homeowners a part of its rule-making process
If a homeowners association votes to amend a restriction, does that change go into effect immediately after notification to property owners via the minutes and any future owners via the disclosure package or not until the paperwork has been completed and recorded, which can take considerable time? Thank you. Read the Q&A…………….
How to Establish Your Community’s Pool Rules
A community pool is a great perk for any neighborhood, and it may attract many potential residents. However, a pool without rules is a serious danger. When establishing your community’s pool rules, use these five guidelines to help you. Read the article…………….
Bridging the New and Old Brigade of Association Residents
When the demographics of your condo or homeowner association start to change with an influx of younger residents problems can and often will arise. Is it possible to keep your longtime, solid, stable (and barely breathing)) residents content while welcoming the new brigade? Can you strike a happy medium while keeping with the times and […]
Holiday Decorations Spur Trivial Disputes but Raise Important Issues for Condominium Associations
The holidays are past; the ubiquitous holiday music has (mercifully) been silenced; and community associations that had been arguing with owners about the holiday decorations they were displaying, or wanted to display, are now arguing about when the decorations should be removed. Read more………
Rule Making
One of the powers granted to Board of Directors in Associations is rule making. There are few things all board should be aware about this power, and what it means and does. First, rulemaking ability doesn’t allow the Board to pass any rule. The authority to pass any rule must come from the documents. I […]
Deck the Halls — Or Not: Setting Rules for Holiday Decorating Can Be a Challenge
In an episode of the television classic, “Seinfeld,” George Costanza’s father (played by Jerry Stiller) invents “Festivus—for the rest of us” to mold all the holidays into one event. Attorney Frank Lombardi of the law firm of Goodman, Shapiro & Lombardi, LLC in Lincoln, Rhode Island, jokes that Costanza’s concept might diminish conflicts within communities. […]
Revising your Rules and Regs? Keep it Simple!
Often associations review their rules when they want to make some change or addition, but it is best to review all the rules at least every 5 years because a few things do change periodically in the make-up and needs of every community. So here are some guidelines for your review that might prove useful […]
HOA: Revitalizing Rules
It may come as little surprise that quite a few homeowner association boards fail miserably in rule enforcement, especially in self managed HOAs. Let’s face it, confrontation with neighbors is not something most people look forward to. So when certain members play fast and loose with the rules, these boards turn a blind eye or […]
HOAs: What You Need To Know About Rules
Lobbying for change in your homeowners association’s rules requires procedure, compromise, and perhaps joining the board. Read More……