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How to Assess & Create Rules
Take some time to review current rules and determine if additional
rules are needed by asking the following questions:
• What problems are we trying to solve?
• Do we actually have problems that need to be solved?
• Are these issues already addressed in our governing documents
or state statute?
• Do we have the authority to do anything about these issues?
If you've asked yourself these questions, and determined your
association needs new rules, follow this process to create good rules
that can benefit your association and residents for years to come.
1. Think about the future.
Consider the short- and long-term implications and consequences of
these rules. New rules may require other expenses, such as fees for
lawyers or costs for changing governing documents.
2. Draft the rules.
Make the rules as detailed as possible to avoid confusion. Clearly state
desired and undesired behaviors, when the rules take effect, how
they'll be enforced, and non-compliance penalties.
3. Communicate with residents.
Inform residents that you're considering creating new rules.
Communicate why the rules are necessary, provide the full text of the
proposed rules, and offer an opportunity to give input.
4. Take action.
Consider all feedback from residents and make a decision. Decide if
you should adopt the rules as stated, revise them, decline to enact
them, or postpone action to gather more information.
5. Notify residents of the decision.
Once new rules are adopted, residents must typically be given a
thirty-day notice before enforcement commences.
6. Enact and enforce.
Remember that enforcement should be the same for all rules, and that
nobody is excluded from following them—including committee and
board members.
