BEST PRACTICE
residents. Examples include noise complaints,
dog walking issues, operating businesses
within
units
and
overcrowding
concerns,
all of which are typically governed by local
ordinances
enforced
by
local
officials.
When given that option, let the outside
authority do the heavy lifting. Sometimes,
municipal officials will attempt to avoid their
responsibilities by claiming that disputes
within
an
‘private
their
association
property,’
jurisdiction.
are
and
This
occurring
therefore
is
often
on
beyond
incorrect,
and sometimes a short conversation with
the mayor or an appropriate letter from the
members of associations. Some associations, Avoiding antagonistic struggles over the association’s attorney is all that is necessary
when their enforcement of rules is often dependent to bring about compliance by the municipal
governing documents, have even included a upon the manner in which the enforcement authorities.
requirement that new buyers must participate process begins. There is no requirement that in an orientation meeting advising them of the the first step in the enforcement process be On occasion, the issue before the board
community’s rules and practices before they a cold letter from the management company concerns one owner haranguing the board for
may obtain amenities like remotes to access threatening draconian failing to enforce a rule while another takes
gates, or gain access to recreational facilities measures in the event of continued non- the contrary position. If the board sincerely
like swimming pools. In many instances, rule compliance. A friendly telephone call, or a believes the strict enforcement of the rule
violations are the product of nothing more softer letter that seeks to educate a violating will not further its intended purpose, it should
than ignorance on the part of the offender. owner rather than threatening them, may explain the rationale for its position to the
prevent a small issue from escalating further. complaining
adopting
amendments
to
ENFORCEMENT OF RULES
fines
and
other
residents,
and
remind
them
that if they would like to enforce the rule
All rules were not created equal and, as Some issues are more inherently controversial themselves, they are free to do so. While this
suggested by the cases reviewed above, and emotional than others, and require a may not mollify the complaining owners, the
need not be enforced equally. In other words, more sensitive approach to not only avoid approach is clearly preferable to involving the
a board may well choose to more vigorously controversy within the community, but also board in a divisive issue that will linger far too
enforce a rule requiring a dog owner to pick up media long.
after their pet, and more or less ignore a rule Although ostensibly not on the same plane in prohibiting anything to be placed on the front terms of importance, these issues share the Managers are often confronted with the
steps of a unit, which, read literally, would common denominator of inflaming passions or question of what their role in the rule’s
prohibit such items as flower pots, benches, placing a significant portion of the community enforcement process should be. Certainly,
etc. Many, if not most, association restrictions in one of two or more camps. Accordingly, it
start with what one might call the ‘no when communities seek to enforce rules and association,
nothing, nowhere’ set of restrictions, which, restrictions in these areas, special care should process noted above. However, it is also to
if read literally, would prohibit an owner from be taken upfront to deal with them differently provide advice to the board and association
personalising the exterior of their home in any than less volatile matters. That may well mean when the board may be going down a road
manner. Most boards adopt a more relaxed going slowly when approaching these issues, with potential adverse consequences. One
view of these documents, while seeking to and showing a flexibility that is not always the of the sad consequences of managers being
rigidly enforce other rules with more dramatic hallmark of community association leadership. criticised for their performance is that they
negative impact on the community. Board and management should also seek become less and less willing to offer advice
professional advice when confronting these in areas like this, for fear that they may be
There is no right or wrong in deciding which difficult issues. It is far better to solicit the criticised if things do not go well. However, an
rules should be applied more vigorously than opinion of the community’s attorney before an experienced manager will often have handled
others. Indeed, the culture of each community, unflattering photograph of a board member is matters such as this before, and their advice
and the board that governs it, will often have a on the front page of the newspaper. Indeed, should certainly be solicited and considered.
dramatic impact on this prioritisation process. this may avoid any media attention at all.
attention
that
can
be
polarising.
is
to
enforce
the
subject
regulations
to
the
of
the
prioritising
In conclusion, disputes involving even the
What is important is that the board and
whoever will be involved in rule enforcement Associations alternative most difficult issues need not inevitably
(typically
should
consider
etc.) enforcement mechanisms. Many enforcement result in bitter struggles and bad press, and
sit down early on and review every rule and issues lend themselves to utilising outside associations can minimise that potential if
prioritise what matters and what does not. authorities as the enforcers, rather than they act slowly, carefully and with reason in
pitting the association against one of its these sensitive areas.
the
manager,
committees,
48
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