Rules, Rules, Rules

 

Rules, Rules, Rules – Scott Roth

A lot has been said about homeowner association rules, but most of these discussions center on the content of the rules as opposed to the impression the rules give to owners. Yet, there is another aspect of rules to consider. A good set of rules conveys not only what is permissible, but says something about the character of an HOA. In my years as a Community Manager I have seen hundreds of sets of rules, none are the same, because the communities are not the same.

Some HOAs have no formal rules, instead they rely upon the few vague “use restrictions” in their declarations relating to pets or satellite dishes. Others have a series of one-off policies drafted in response to particular situations that arisen over the years. Finally, some have rules spanning tens of pages, attempting to regulate every action.

Most of the time, rules are provided by the developer and the board simply lives with them without giving thought to whether they serve and reflect the HOA’s style, value, or changing times. Rules hold the lowest position in the hierarchy of governing documents, yet they are probably the most recognized by owners and often perceived to reflect the character of a community. For example, HOAs without a separate set of rules may appear to have a more laid back approach while those whose rules are voluminous or contain negative language may be perceived as being authoritarian and strict. The perceptions may not necessarily be accurate but may appear so if the board is not proactive in creating or revising rules that reflect the homeowner association’s current needs and character.

An HOA that creates a rule every time a conflict arises with an owner may simply be trying to close loopholes, but on the whole, the actions can appear reactionary. In most HOAs, rules can be created, modified or removed by the board of directors without a vote of the owners. So the board should consider not only the content of rules, but the form and language used to express them.

One way to write a pet waste rule might be, “Pet waste in common areas is prohibited” or it can say “Pet owners are responsible for immediate removal of their pet’s waste in common areas.” Both rules address the same issue, but the first seems impossible whereas the second seems reasonable. One may try an even “kinder” version that reads “Owners are encouraged to remove their pet’s waste from common areas” really isn’t a rule at all. It’s a mere suggestion.

So, care should be taken to ensure that rules clearly convey what is acceptable, and what is a violation. The impression that rules make among Members may not the primary factor to consider when drafting one, but it does deserve thought.