Within the world of community associations, rules and regulations are also important. Rules ensure fairness so that all owners and occupants have an equal right to use and enjoy both their home and shared property. Rules also address health and safety concerns, which in part protect everyone’s investment. Therefore, much like in football, it is necessary to enforce rules. Successful rule enforcement begins with well-drafted rules. Well-drafted rules are good rules. Good rules are rules that are easily complied with and are easy to enforce.
Some basic rulemaking principles apply to all associations. The substance of the rules must be consistent with applicable federal and state statutes, local ordinances, government regulations, case law, and the association’s declaration and bylaws. Restrictions contained in rules and regulations must fall within the scope of an association’s rulemaking authority. In order to be enforceable, rules must be reasonable and should be clearly worded so that homeowners can easily understand and comply with the rules. Rules should be customized so that they address those issues which are relevant to the particular property and its homeowners. The rulemaking procedure used by an association must conform with statutory requirements and the governing documents.
Even if an association’s rules and regulations are legally sound and competently drafted, an association should periodically reevaluate whether the rules reflect the evolving needs of the community and its homeowners. In revisiting its rules, an association’s board of directors should consider
may wish to ask that homeowners participate in a non- binding informational survey regarding possible rule amendments. Boards can invite homeowners to serve on a committee or commission created for the purpose of evaluating the rules. Prior to adoption, rule amendments can be discussed at a meeting where homeowners are given the opportunity to pose questions and voice concerns to the board. If a large number of homeowners disfavors a particular rule and there is no clear need for the rule or significant countervailing homeowner support for the rule, the board should consider modifying or rescinding the rule. While condominium association boards and most common interest community association boards ultimately have the authority and responsibility to make final decisions regarding the adoption or amendment of rules, acknowledging homeowners as interested stakeholders and allowing them to participate in the rule development process can help a board achieve a significant degree of consensus within the community and minimize unexpected homeowner backlash in response to unpopular rules.
An association should consistently enforce those rules which continue to have value for the community!
which rules truly remain useful and which rules have become obsolete or otherwise do not legitimately contribute to the efficient and harmonious operation of the property. Boards should adopt and retain only those rules which the association is realistically willing and able to enforce. In other words, an association should consistently enforce those rules which continue to have value for the community and eliminate any rules which the board cannot or will not commit to applying in a uniform manner.
An unnecessarily extensive set of rules overregulating homeowner behavior can create a negative perception of an association. Using the rules to restate large portions of text copied from the declaration and bylaws is generally unnecessary and counterproductive to readability. Rules which are verbose, filled with unnecessary legalese, or convey an overall punitive tone may lead to unintended consequences, such as discouraging homeowners from reading and understanding the rules, or eliciting concerted pushback from homeowners.
When reexamining an association’s rules and regulations, a board should attempt to objectively assess the overall perspectives and priorities of the homeowners. A board
42 | COMMON INTEREST®
The most common method of enforcing rules is the imposition of fines. The Condominium Property Act and the Common Interest Community Association Act expressly grant boards the authority to levy fines for violations of the association’s rules. However, both statutes clearly provide that a board must first give the defaulting owner notice of the violation and the opportunity to have a hearing on the alleged violation. Although a violation hearing is not subject to rules of procedure
and rules of evidence like judicial proceedings, it is intended to provide an accused owner the fundamental right of due process before being subject to a fine. This is important because violation hearings are internal association administrative proceedings, not lawsuits. Fines are supposed to bring compliance, not penalize. For associations not subject to the Condominium Property Act or the Common Interest Community Association Act, their authority and procedure for imposing fines to enforce rules will depend on the terms of their governing documents.
Without question, some associations will encounter situations where a homeowner clearly does not respect the rights of neighboring homeowners, and strong association rule enforcement action will be appropriate. However, many rule violation issues can be resolved or at least de-escalated if a board employs reasonable business judgment and common sense in handling the violations. For example, associations in most cases can provide homeowners with warning letters before initiating violation hearing procedures or asking association legal counsel to become directly involved with the violations. Fine amounts must be reasonable and consistent with any fine schedule which has been adopted as part of the rules
• Fall 2025 • A Publication of CAI-Illinois Chapter
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