Tag: rules

  • Understanding Rule Enforcement in Common Ownership Communities

    Understanding Rule Enforcement in Common Ownership Communities

    Enforcement:
    The act of compelling observance or or compliance with a law, rule or obligation.

    Common Ownership Communities are flush with rules and regulations. Community governing documents should clearly outline the rules that owners and residents must adhere to.

    Before buying a home in a Common Ownership Community, the community gives the new owner a copy of their bylaws. The new owner also receives all other governing documents.

    The new owner, as part of their buying agreement, commits to following the rules established for the community. Everyone in a community lives under the same regulations. Yet in every community there are those owners that elect not to live by the rules.

    For whatever reason, some think the rules do not apply to them. Well, they do.

    The challenge in a Common Ownership Community and its rules is enforcement. Are the rules upheld consistently, fairly, and timely?

    The answer in most cases is no. It is that inconsistency that creates community discord.

    Why don’t communities do a better job of consistently enforcing their rules and regulations? There are several reasons.
    1. No dedicated volunteer staff
    2. No 24 x 7 monitoring, especially important for parking issues
    3. Lack of community awareness of the rules and regulations
    4. No enforcement process
    5. Bylaws, rules, and regulations that are outdated, no longer reflecting the realities of the community
    6. Bylaws, rules, and regulations that are not clear with the rule
    7. Owner apathy
    8. Board of Director frustration with consistently non-compliant owners

    Roads have speed limits. We see drivers speeding. Only 1% of drivers get pulled over each year. Why? Because enforcement officers cannot see every infraction, every day.

    Common Ownership Communities are the same. We all have rules that are being broken almost daily in our communities. Enforcement does not or cannot seem all. Enforcement may not even know about rules being broken. Without seeing something or knowing something, enforcement becomes a catch as catch can situation.

    How can community rule enforcement be improved?
    1. Review and update all governing documents on a regular basis
    2. Have clear enforcement processes and procedures, including who will be responsible for enforcement and when
    3. Impose fines for each rule infraction
    4. Revoke rights or privileges
    5. Take legal action

    If you see a rule violation, report it.
    If you are sited for a rules violation, review your community documents and deal with the issue.
    Try to be more understanding. The rules apply to everyone, but not everyone will always be caught when there is a violation.

    You live in a Common Ownership Community. You owe it to your neighbors and yourself to be a good steward.