Rules Committee, Rules Information

Guidelines & Information for Creating Rules
for Home Owners Associations

(This is for informational purposes only and may or may not be board policy.)

• The goal of a Homeowners Association is to maintain community and preserve property values.
  

• Homeowners Associations are governed by bylaws that define how the Homeowners Association conducts business">

  
  

   

  Guidelines & Information for Creating Rules
  for Home Owners Associations

  (This is for informational purposes only and may or may not be board policy.)

  • The goal of a Homeowners Association is to maintain community and preserve property values.
    

  • Homeowners Associations are governed by bylaws that define how the Homeowners Association conducts business, declaration of covenants, conditions and restrictions that are restrictions written by the community's developer, neighborhood guidelines that are written by the Board to help clarify rules stated in the CC&Rs and establish expectations for the use of common areas, and board policies that define how the Board and Committees will operate.
    

  • The goals of rules and restrictions are to preserve, protect, and enhance a community's property values and assets, to promote harmonious living, and to ensure that residents can use and enjoy the property.
    

  • Covenants and rules must comply with federal, state, and local laws. 1. Federal Law, Regulations, and Court Decisions 2. State Law, Regulations, and Court Decisions 3. City & County Law, Regulations, and Court Decisions 4. Declaration of Covenants, Conditions and Restrictions 5. Bylaws 6. Neighborhood Guidelines 7. Board Policy
    

  • A reasonable rule is logical, it addresses a specific problem with a specific solution that is rational and fair, and it is neither too broad nor too restrictive.

  • The test for determining if a rule is reasonable: 

  1.    Is it based on outdated notions? 

  2.    Does it create safety hazards? 

  3.    Does it allow alternatives?

  4.     Is it unenforceable or too intrusive? 

  5.    Does it unfairly target a particular group?

  • When writing and enacting rules the Board should take 5 steps:

  1.   Determine if the rule is necessary. (Does a problem exist?) 

  2.    Conduct research. (Check laws and governing documents.)

  3.    Involve residents. (Post on website before passing a rule.) 

  4.    Be specific. (Remove ambiguity.) 

  5.    Communicate the rules. (Publicize neighborhood guidelines in minutes and website.)

  This information was gathered from "Be Reasonable!" by Kenneth Budd; and from "Drafting Association Rules" by Gurdon H. Buck.

  
  

  Last Updated: 05/01/08