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T


he term “offsides” in ice hockey is defined as “a play is offside if a player on the attacking team enters the offensive zone before the puck, unless the puck is sent or carried there.” Wikipedia


One may easily draw from this definition that perhaps an owner is offsides when violating the rules of the association, but that is talked about all the time in articles about rules enforcements, violations and fines. What should the board consider to be sure THEY are not offsides?


It’s safe to assume that owners FEEL as if you are on the opposing team, and that you are the attacking team, don’t you agree? So, to begin with, how do we change that perception? How do we help owners to understand that we’re actually all on the same team, and we’re all moving towards the same goal, which is a well-run community with excellent curb appeal? Here are a few tips to consider BEFORE the need to enforce rules and regulations:


        The board sets the governance for the community and the board interprets the documents on behalf of the community. Boards are in a unique position to use that power for good or evil. Seems strong, right? Not necessarily.


As leaders, we choose every day whether to encourage positive behavior, encourage volunteers, encourage differing points of view and consider them when making decisions, and we choose how we present ourselves to the community. Do your meetings feel like owners are welcome to listen to the decisions being made by the board? Do your owners feel welcome at these meetings? Do you let owners know that you are contemplating decisions, before you actually make them? Is there a newsletter or some source that would allow owners to know what the board may be contemplating before a decision is made? Are you asking for volunteers to consider big changes in the rules and regulations?


Is the board being very careful to enforce that which it is responsible to enforce? In other words, are you sure that you have the authority to enforce what you’re contemplating? Are you sure that your rule interpretation doesn’t fly in the face of your Declaration or with Illinois law? This is where your COACHING STAFF is really key. Your management team should be able to guide you with respect to the formation of rules and regulations, and your attorney should ALWAYS be consulted prior to adopting new rules. There are notice requirements before the rule is adopted, and it’s important that the rule you’re establishing is something that you are ABLE to control with simply a rule. There are basic ownership privileges that can only be amended by adopting a change to your Declaration – for instance, pet restrictions and limiting rentals within the community.


 like. The hockey player was BARELY touched and he throws himself against the glass, and falls to the ice, to embellish the contact. It’s risky, because that player can be called for a penalty for attempting to take that dive, but if he’s really good at it, it could result in a penalty for the opposing team.


Let’s equate this to the court system, and that’s where rules violations end up when they can’t be resolved  because they perceive that they aren’t being heard, and that the rules are unnecessarily difficult for the neighbors.  more frustration with the community than one violation, but they’re willing to take their frustration the distance – often costing the association a lot of money. Sometimes they’re even willing to spend their own money. Don’t allow the communication to fail in your community to the degree that owners are willing to take a dive.


Be certain that your communications to the owners use an active and positive voice. Instead of simply stating      perhaps you can explain the end result of leaving dogs        a few communications that indicate that owners may be playing with their dogs outdoors, unleashed. Other residents may have a fear of dogs, and with the varying size of pets in the community, we want to explain how important this local ordinance, as well as an association rule, is to our community. Please be neighborly and remember to have your dog on a leash at all times, and  to the residents EXPLAIN the reason for a rule, and allow owners to see another’s viewpoint, we can more easily enforce these rules and regulations.


          because an owner didn’t phrase their request in a respectful fashion. For community managers like myself, I have to constantly remind board members to read the request that may be within a hotly worded email from an owner.


Owners instinctively become defensive when they are being asked to do or not to do something WITHIN OR OUTSIDE OF THEIR OWN HOME. The fact cannot be stressed enough that this is their home. Therefore, a poorly worded email that may seem disrespectful is likely that owner’s first trigger reaction. It’s difficult to see the request within a poorly worded communication because


| 


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