For community associations and their boards of directors, effective rules and policies play a critical role in providing for community harmony and quality of life. Enforcement measures can prove to be a delicate balancing act for directors, so it is imperative for rules and restrictions to be clear and reasonable.
Community association directors who are considering amending their community’s rules or crafting new policies should begin with a careful review of the governing documents conducted in close consultation with highly experienced association attorneys. One of the primary considerations will be whether the changes being considered can be implemented via a simple majority vote of the board of directors, or whether they will require a vote of the unit owners for amendments to the recorded association declaration or bylaws. Such questions can only be answered by reviewing the association’s governing documents and its bylaws, covenants and restrictions.
When enacting new or updated rules and policies, the use of clear and concise language is essential. Associations should avoid the use of the word “should” and instead use terms such as will, shall or must. Those more direct terms leave no room for confusion, so instead of writing a rule which states “residents should avoid parking in the designated no-parking zones,” the rule should state “residents shall not park in the designated no-parking zones.”
One of the best approaches is to use the community’s governing declaration and bylaws as a guide for the proper format for all rules, policies and obligations. This typically entails keeping all the related rules and topics grouped together, which makes it easier for residents to gain a clear and complete understanding for what is being required.
For rules and policies addressing matters covered under state or federal laws, including those covering accommodations for the disabled, it is particularly vital for associations to clearly state the specific articles under their declaration that are involved. Such matters should only be addressed under the guidance of highly qualified and experienced legal counsel.
A review of the recorded governing documents is also critical to ensure that the rules and policies remain consistent with the provisions contained therein, and a conflict is not created by the adoption of a rule. Community associations with specific stipulations for repairs and maintenance by owners in their governing declarations and bylaws must always be cognizant of those mandates when considering and implementing any changes or updates. The same goes for any matters addressing pets and enforcement measures, including prescribed fines and restricting amenities for violators.
Association directors also need to be very careful with any rules and policies specifically aimed at minors or residents with young children, as both the Florida and the federal Fair Housing Act could come into play. These include rules and restrictions prohibiting children from playing in the common areas or creating age restrictions for use of the community pool. A better approach is to mandate that children under a certain age must be accompanied by an adult to use the pool.
The use of “grandfather” clauses should also be considered for associations that wish to update their rules to disallow anything that had previously been permitted. For owners who received prior association approval for something that the directors now wish to restrict, such a clause can enable the residents to maintain the status quo and avoid forced alterations. Sanctioning homeowners for features that had been previously permitted and in use for years can be a recipe for dissent and discontent, so such clauses could become essential for maintaining healthy and strong relationships with some unit owners.
Community association rules and their enforcement can become contentious, and there is always the potential for legal challenges and litigation if disputes prove to be too difficult to resolve via settlements and compromises by the association board and owners. By using clear and concise language and communications, and designing all rules and policies to be reasonable measures aimed at achieving worthwhile and intended purposes which protect the health, safety and welfare of the residents, associations and their directors can avoid disharmony while maintaining and enhancing their community’s overall appeal and property values.