Condo Media - September 2021 - 35

Rules exist within a condominium to
ensure uniformity not only in aesthetics
but also, and more importantly, for
uniformity in the ownership experience.
importantly, for uniformity in the ownership
experience. In this light, rules should
not be seen as a burden, but rather a benefit
in terms of establishing a community.
l One may be frustrated about a rule
requiring trash cans to be removed
from sidewalks by 6 p.m. on the day
of service, but others will rejoice in
a clean and orderly street without
trash cans strewn about for days on
end. Who hasn't been frustrated by
seeing his neighbor's trash can out
for an entire week?
l Another owner may be angered by
the fact that the " one time " he failed
to pick up after his dog he was fined
$25, but the rest of the community
will be happy the board is ensuring a
lack of dog mess over common lawns.
Rules do not exist for the purpose of
punishment or for allowing the board
to rule by an iron fist. Rules exist to
ensure that the type of community that
owners bought into is preserved and
maintained. Moreover, a board's ability
to issue fines is a means of leveraging
compliance, not of exacting punishment.
Fining power exists to give boards
an important tool for enforcement, otherwise
rules could only be enforced by
litigation, which is tremendously costly
for all involved.
Rules are a means to an end, and the
end is creating the type of community
that other people will want to live in. Doing
so preserves and even heightens
property values. Some associations have
rules requiring certain colors for decks or
for siding (if considered part of the unit
under the governing documents). These
rules create a uniformity of aesthetics
which, in turn, creates a certain community
feel. Do you want to be the unit
next to the one with purple siding? Other
associations have quiet
hours, pet restrictions,
and smoking restrictions.
Buyers know
about these restrictions
up front, and if they buy,
presumably it's because
those rules are attractive.
Thus, at the end of the day, the point
of rules is to create a certain environment,
and rule enforcement is a means
of protecting that environment.
RULE TIPS AND GUIDELINES
l Provide a rulebook to all residents
when they move in. Make the rulebook
available online if possible.
l Notify residents any time rules change.
l Rules should always be reasonable and
have a good faith basis.
l Review your association's rules at least
every other year to see if anything
needs updating or tweaking.
l Consult with counsel regarding
pool rules or any rules related to
children (these are fraught with
potential liability).
l Establish a fine schedule, but
leave room for larger fines for
egregious violations affecting
health and safety.
l Enforce rules consistently and
uniformly to all owners.
l Never pass a rule that is secretly targeted
towards a particular resident.
l Never pass a rule related to use of
a unit unless the docs specifically
provide authority to do so (amendment
by owner vote required).
n DEAN T. LENNON, ESQ. IS A
PARTNER IN THE LAW FIRM MARCUS,
ERRICO, EMMER & BROOKS, P.C.
Building Envelope
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September 2021 CONDOMEDIA 35
Condo Media - September 2021

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