RULE ENFORCEMENT

The first thing I advise Board members regarding rules enforcement is that the association must have clear and concise rules and regulations.

If you live in a condominium association, the Board, by law, has the right to adopt rules and regulations without the consent of the owners. If you live in a non-condominium association, your association’s Declaration will prescribe the necessary procedure for adopting rules and regulations. Generally, in these associations, the Board may also do so without the consent of the homeowners. However, make certain that this is the case prior to adopting the rules. Rules which are adopted improperly are unenforceable.

Once the Board has adopted rules and regulations, the next step is to enforce them. Prior to doing so, the Board should set up the following procedures:

• Any owner witnessing a violation should fill out a violation form and submit it to the Board of Directors. The Board should have a specific form which owners can obtain and submit substantiating the violation.
• Once the Board receives the notice of violation, they should send a form to the unit owner accused of the violation stating that there will be a hearing to further investigate this matter. The owner should be advised that the hearing will proceed in the owner’s absence. Again, the Board should use the same form in each instance.
• At this hearing, the Board should listen to the complaining witness and the accused. After doing so, the Board should convene in executive session to determine what, if any, action to take to enforce compliance.
• After the Board convenes, they should exit executive session and vote on the remedy. After a vote is taken, a notice of determination should be sent to the accused stating the outcome. This should also be a standard form.

It is extremely important that a Board follow the above procedures prior to assessing any fine. Not only does is it best practice that an owner receive an opportunity to be heard prior to the Board assessing a fine, but this approach can help insulate Boards from charges that they acted in a discriminatory manner when enforcing their rules and regulations. Although an association cannot prevent receipt of a discrimination complaint, it can take steps to minimize its exposure to such actions. By addressing each rules violation in the same manner and using the same form and procedure for each violation, the Board will aid the association in defending such a claim.

Obviously, the best rules enforcement is when there are no violations

More about Tim Arel