Another necessary component of rewriting the Rules and Regulations is property manager involvement. The property manager is on the front lines of rules and regulations enforcement and can give concrete examples of how certain rules do not work and are not enforceable. They often have experience at creating and implementing similar rules in other associations, and can share their success (or perhaps non-success) stories with your association. Finally and most importantly, as the governing set of Rules and Regulations is essentially a legal document, having the association’s attorney involved is a must. Upon committee recommendation, manager input, and attorney approval, a board can confidently adopt rules that work.

For those associations whose rules are already at a state of noble perfection, awareness of those rules is the next key. While “ignorance of the law” is no excuse, the greatest guarantee for enforcing the rules is making known the rules. For new owners and lessees, it is crucial to make sure they receive copies of the Rules and Regulations, Declarations and Bylaws before buying or moving in. They may or may not read them (if truth be told, many do not), but if buyers and lessees do not even know they exist (and it’s frightening how many are unaware that they do), they are prone to live and act as though they rule in their own single-family kingdom. On the other hand, if residents are merely aware of a set of rules, they are more apt to think twice, and either check the governing documents or ask management prior to acting.

To take it one step further, requiring that owners and lessees sign an acknowledgement page of having read the governing documents gives them a personal sense of “ownership.” This piece of paper does not make enforcement of the rules any more binding. Again, residents are accountable whether or not they have been made aware, have read, or have acknowledged the policies set in place. Yet, if they feel that sense of ownership of the bigger picture, they will more likely feel that sense of pride to following the rules, instead of adhering out of fear. Also, if people are required to sign their name to something, they may be more likely to actually read the document to which they are attesting.

But what about the long-time residents who have never signed an acknowledgement form. How can they be motivated? Perhaps by getting more owners visibly involved in the association activities, such as committees. Owners are much less likely to violate rules when they have a visible presence in the association. Even renters can be visible by volunteering for events such as association-held parties or holiday decorating. Again, finding ways to give the residents a sense of ownership of more than just their home or unit can aid in keeping them more accountable.

While not the best motivating factor, ensuring that the citizens of the land keep the rules can be achieved through the knowledge of the “dungeon of consequences,” such as fines or penalties (which, like rules, must be reasonable). Of course, this type of incentive is hopefully the last

26 | COMMON INTEREST®

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