Rules and regulations are an important part of maintaining order, protecting property values, and ensuring a homeowners association runs smoothly. However, not all rules are created equal. A rule that is vague, overly burdensome, or outside the association’s authority can lead to disputes and even legal challenges. Below are key considerations for drafting reasonable, enforceable HOA rules.
1. Stay Within Your Authority
- Check your governing documents. Rules can’t conflict with the CC&Rs, Articles, or Bylaws.
- Know the limits of state law. Many states, including Arizona, outline what associations can and cannot regulate.
- Confirm board vs. membership powers. Some rules may require a membership vote rather than just a board resolution before they are adopted.
2. Address a Legitimate Purpose
A rule should serve a clear and reasonable purpose such as:
- Promoting safety and security.
- Protecting common areas.
- Preserving community aesthetics.
- Ensuring quiet enjoyment and harmony.
If the rule doesn’t address a real problem, it may be seen as unnecessary or arbitrary.
3. Be Clear and Specific
Rules should be written in plain language and leave no room for guesswork. For example:
- Unclear: “No overnight parking.”
- Clear: “No parking between 10:00 p.m. and 7:00 a.m.”
Clarity reduces confusion and makes enforcement more consistent.
4. Ensure the Rule Is Reasonable
Ask yourself:
- Is the rule fair and consistent with community standards?
- Does it impose unnecessary costs or burdens on owners?
- Does it balance individual rights with community interests?
A reasonable rule is enforceable; an unreasonable one invites challenge.
5. Apply the Rule Consistently
A good rule must apply equally to everyone in the community. Selective enforcement, such as applying the rule to some owners but not others, can undermine both fairness and enforceability.
6. Provide for Due Process
When enforcing rules, homeowners must be given:
- Notice of the alleged violation.
- An opportunity to be heard before penalties are imposed.
Due process ensures fairness and protects the association from claims of arbitrary action.
7. Review and Revise Rules Regularly
Communities change over time, and rules should evolve accordingly. Boards should periodically review rules to make sure they remain relevant, reasonable, and aligned with both the governing documents and state law.
A well-drafted rule is authorized, clear, fair, and enforceable. By following these guidelines, associations can create rules that protect property values, promote harmony, and withstand legal scrutiny.
If you have any questions regarding these materials, please reach out to the firm for assistance. Call us toll free at (800) 743-9324 or email moc.w1762122708albdh1762122708c@ofn1762122708i1762122708.
The information contained in this article is not intended to be legal advice and is provided for educational purposes only.
