Condominium rules and regulations template

A homeowner could have sued the association for this вЂњruleвЂќ allowing what was prohibited in the covenants. Nonetheless, board members enacted a rule allowing them because their children wanted to play basketball. Our covenants expressly prohbited stand-alone basketball hoops. Regardless, about a decade ago, my own HOA created a rule that directly contradicted the covenants. It should be obvious that a board cannot enact a rule that violates the governing documents or Declaration of Condominium. Rules and Regulations cannot contradict or be inconsistent with the governing documents. Although condo statutes are not as specific, case law suggests a similar requirement applies to condo rules and regulations. Such a rule is not enforceable, even if the rule is otherwise вЂњreasonable.вЂќ Furthermore, a homeowner could sue the association for violating the HOA statute, in this scenario. In such a case, a board does not have the authority to create a rule requiring certain paint colors. Suppose further that the homes are currently painted a variety of different colors. However, the Declaration has no other provision regarding rules, and no provision from which it can be reasonably inferred that the board has authority to regulate the aesthetics of individual homes. The authority for the board to enact a given rule or regulation must be either expressly authorized in the governing documents or Declaration of Condominium or be reasonably inferred therefrom.ДЇor example, suppose an HOAвЂ™s Declaration of Covenants, Conditions and Restrictions expressly states that board may enact rules governing the common area (such as a pool or clubhouse). A boardвЂ™s authority to create rules is therefore limited вЂ“ a legal вЂњruleвЂќ of which boards are often unaware: Unlike amendments to covenants, most board-enacted rules by definition do not require a vote of the owners. Secondly, a board is not the original developer that once owned all the properties. Similarly, Section 718.103 (15) defines the Declaration of Condominium but does not reference rules and regulations. Florida Statutes Section 720.301 (8) does not include вЂњrules and regulationsвЂќ in the definition of вЂњgoverning documentsвЂќ, possibly for that reason. However, without recording, homeowners may or may not know what the current вЂњrulesвЂќ are вЂ“ if the rules are not attached as an exhibit to a Declaration of Covenants or Condominium. Clearly, this is not all associations вЂ“ and is not an association operating properly. To make matters worse, sometimes boards refuse access to view the rules and regulations, for any number of concocted reasons. I have seen instances where the board claims they were published, but the homeowner never obtained a copy. There are many reasons why rules and regulations are not given the same weight as covenants and are easier to challenge:ДЇirst, board-enacted rules (or amendments thereto) are often not recorded, so there is no constructive notice of them. It also means that boards should be clear about their rights, obligations and limitations. Unlike covenants, board-enacted rules are not legally вЂњclothed with a presumption of validity.вЂќ This means board-enacted rules and regulations are easier to challenge. She raises a number of legitimate reasons for board-enacted rules and regulations, such as pet restrictions, paint colors, leasing restrictions and so on.Д®qually important as the reasons for rule-making is when and how a board can create such rules. Donna Berger recently wrote a blog entitled вЂњWhat are the real reasons for certain association rulesвЂќВ .

Condominium rules and regulations template