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Homeowner Associations: How To Enforce The Rules

Question:  What is a good procedure for rules enforcement?

Answer:  Having a long list of rules is usually not advisable.  There are already enough rules lying around unused.  But the Board has the authority to enact reasonable rules and procedures when necessary. The Resolutions Process is a great way to define the complex issues. Resolutions can be used for collections, architectural control, pets and parking. Resolutions enacted by the Board should include:

1. Clear explanation of the issue
2. Consequences for failing to obey
3. Appeal process
4. Review by the association attorney
5. Review by the owners before enactment by the Board.

Question: Do you have a suggestion for a maintenance request form?

Answer: Three part carbonless forms work well. The original for the file, one copy for the owner and one copy for the maintenance person. I highly recommend using email because the request is filled out by the owner and can be moved quickly along to maintenance, management and accounting.

Question: Our rules state: "No clothing or other household fabrics shall be hung in the open." I took this to mean clothes lines would not be permitted. Can the Architectural Committee interpret this to mean that clothes lines are permitted as long as they are in the back yard?

Answer: Rules like this are intended to control the curb appeal standard for the community. The rules tend to soften if the offending issue is relegated to the back yard, presumably out of sight. While the Architectural Committee does have the right to interpret the rules, it does answers to the Board. If you disagree with their interpretation, talk to the Board.  

For more information on this subject, see www.Regenesis.net.

Published: February 28, 2001

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 .







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