Making and Enforcing the Rules Fairly
Rules are part of the contract between each homeowner in a community and their neighbors. The Board's responsibility it to interpret and apply the rules fairly and reasonably. In most cases, conflicts over rules come in one of two varieties. First, there are those individuals who don't believe that the rules should apply to them, but should apply to everyone else. Second, there are those boards and communities who apply the rules inconsistently, creating confusion and hard feelings.
A final challenge is the changing nature of the community. As communities change over time the rules need to be regularly reviewed and revised. For example, what started out as a community of young families can become more empty-nest oriented in a few short years.
Some helpful hints on enforcing the rules:
71. Give residents a voice when creating a rule.
72. Make rules specific and reasonable.
73. Communicate the rules.
74. Review the rules - new ones may be needed, old ones may need to be discarded.
75. Make the first contact with violators informal, if possible.
76. Never "look the other way".
77. Offer compromises.
78. Hold a hearing.
79. Try arbitration or mediation if things get tough.
80. Hold public meetings on divisive rules.
CAI has several publications that can help with assessing, changing, and enforcing your rules.
Be Reasonable: How Community Associations Can Enforce Rules Without Antagonizing Residents, Going to Court or Starting World War III.
Reinventing the Rules: A Step-By-Step Guide for Being Reasonable
Drafting Rules How Community Associations Maintain Peace & Harmony
