Do’s and Don’ts for Updating HOA and Condo Rules and Regulations

When updating or creating rules for a community association, it’s essential to ensure the rules are clear, enforceable, and legally compliant. These guidelines can help you craft rules that are both fair and effective for your HOA or Condo.

Do: Use Clear, Direct Language

Clarity is key when drafting community rules. Avoid vague language like “Owners should…” or “Residents are encouraged to…” and use more direct terms such as “Shall” or “Must.” This ensures that the rules are enforceable and reduces confusion. For example, instead of saying “Residents should park in designated areas,” say “Residents must park in designated areas.”

Do: Structure Rules Like Your Governing Documents

Organize the rules using a similar format to your Declaration (Dec) and Bylaws. Using articles and sections makes rules easier to navigate. For example, Article 10 could cover parking, while Article 8 might address the use of common elements. Keeping related topics grouped together improves the structure and makes it easier for residents to understand.

Do: Address Reasonable Accommodations

Under both state and federal law, you may need to include provisions for reasonable accommodations for residents with disabilities. This could involve modifications to parking spaces or common areas. Ensure that these provisions are clearly stated under a specific article, helping to ensure fairness and compliance with accessibility laws.

Do: Align Rules with Your Dec & Bylaws

Make sure that your rules are consistent with your governing documents. For instance, if your Dec and Bylaws outline responsibilities for maintenance, repair, and replacement, the rules should reflect this. Rules regarding pets, fines, and fees should also align. If your Dec and Bylaws specify a fine of up to $25, you can add higher fines in the rules, but the governing documents must be amended first.

Don’t: Include Discriminatory Provisions

One of the most important “don’ts” is to avoid discriminatory rules. Provisions that target children or families are problematic and could lead to legal challenges under the Fair Housing Act. For instance, rules that prohibit children from playing in common areas or restrict pool access based on age could result in complaints and lawsuits. It’s permissible to require children under a certain age to be accompanied by an adult in the pool, but avoid restrictions that could exclude children entirely, like “adult swim times.”

Don’t: Forget the Amendment Process

Always ensure the amendment process for rules is clearly outlined in your governing documents. Rules are typically amended by a majority vote, but older governing documents may require a more detailed procedure. Double-check your documents to ensure you’re following the correct process.

Ensuring Fair and Effective Community Rules

Updating community rules requires careful attention to detail. By using clear language, following a structured format, aligning with your governing documents, and ensuring compliance with legal standards, you can create effective rules that benefit the entire community.

For help with specific legal requirements or drafting rules, it’s always a good idea to consult an attorney specializing in community association law.