Estate Living Magazine Issue 30 Smart Environments June 2018 | Page 41

naturally anyway without the rules. So the people who break
them, and who will incur penalties, are only the few who are not
reasonable and decent.
Oubaai Golf Resort
ensure good neighbourliness, and to serve the best interests of
all in the community. Generally, these rules come with penalties
should they be breached, and these penalties are set according
t o the potential impact of the breach.
Rules are not in place to punish owners and their guests, but
rather to encourage compliance in the best interests of the
community.
Building rules: These rules ensure that the presence of open
stands – or worse, half-built homes – is minimised. Owners
have specified time limits to start building, and specified time for
completion. Failure to comply means increased costs to the HOA,
such as added security, damage to roads and curbs, and noise
and dust over extended periods, so there are building penalties if
these rules are breached.
Owners living in an organised built community are also required
to abide by local bylaws, including the keeping of livestock,
the use and storage of hazardous substances, and the use of
firearms.
CHARACTERISTICS OF GOOD RULES
The main consideration of rules is that they should be ‘good
rules’, with fair penalties. So what makes a good rule?
Sufficiency: Good rules are the minimum necessary to provide
for the comfort and safety of the residents, the equitable use and
enjoyment of facilities, and the equitable burden of responsibility
in a community.
Positivity: Residents must understand the need for the rule and
comply with it voluntarily. Neither the board nor the manager is
in a position to police the community.
Efficiency: Good rules accomplish exactly what the board
intended them to accomplish. Unfortunately, some associations
try to solve a problem by passing rules that are either too harsh
or too broad, which makes it difficult for residents to comply.
This might result in residents ignoring the rule and/or calling the
board autocratic or dictatorial.
Enforceability: Make sure the board has the authority to
enforce a rule before drafting it, then make the rule specific.
Vague statements, such as ‘loud and boisterous activity should
be avoided’ leave unanswered questions such as, how loud?,
where?, when?
Flexible: Good rules allow flexibility and the use of reasonable
judgement and mediation in their enforcement.
Communication: Rules need to be communicated effectively and
often. HOA’s should redistribute copies of the rules periodically,
put them up on the estate’s website, and also consider putting up
signs on the roads and in pool and playground areas.
Association of Residential Communities (ARC)
Transparency and relevance: Rules should require that
members do what reasonable and decent people would do
nds
Thesen Isla
Association of Residential Communities ( ARC)