Rules can be vexing. According to a respected newspaper, "The Ten Commandments contain 297 words. The Bill of Rights is stated in 463 words. Lincoln's Gettysburg Address contains 266 words. A recent federal directive to regulate the price of cabbage contains 26,911 words." In other words, the human tendency is to take the enlightened and comprehensible and twist it into a complicated mess.

When it comes to effective rule making, less rules are usually more effective. Yet homeowner associations often see the proliferation of badly worded and thought through regulations. Why does this happen? Often, it's because Boards overreact to challenges from homeowners. Rather than taking the time to understand a particular point of view, the Board promulgates a rule intended to smite a scofflaw. It's an age-old struggle...people testing legal loopholes and governments trying to plug them. And like sand on the beach, there is an infinite number of loopholes and loophole plugs. Put up a stop sign and someone will run it...on purpose. There's got to be a better way.

Homeowner association members can share incredible benefits that non-homeowner association owners can't. Amenities like pools and tennis courts, private parks, group discounts, architectural standards designed to enhance property values and a mediation system are but a few of the benefits. To optimize the beneficial environment that a homeowner association is intended to be, rule making should take the philosophical high road. The core assumption should be that owners are reasonable and caring adults, not spoiled brats that must be spanked. (You may argue that this is not the case but bear with me). Here are some realities the Board needs to understand:

1. Many owners will die for "principle".

If a rule seems unfair on its face, normally mild manner Milquetoasts will cry "Foul" and make the Board's life miserable. Humans are born with a sense of "fairness". (Just ask any toddler and you'll find that Fairness = Mine). Recognizing that humans naturally lean toward self interest, it's best not to enact rules that cross that line.

2. Territoriality.

Owners dislike Boards that are too controlling of owner property. While appearance and architectural control is generally good for all, getting too picky or inconsistent with enforcement drives many owners to defensive high ground. The Board needs to think through rules carefully when they affect owner property. For example, rather than imposing the Board's personal taste on community appearance standards, develop standards validated by outside "experts" like architects, Realtors, landscape and design consultants.

3. Destiny Control

Most owners want to control their own destiny. Board generated rules can conflict with that need and foster hostility.

So now that you understand the challenge, here are some winning rule strategies:

Published: August 16, 2000

Use of this article without permission is a violation of federal copyright laws.

Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .