Adopting and Enforcing Rules and Regulations

The primary governing documents for a condominium, homeowners, or owners’ association (Association) are frequently thought of as the Declaration of Covenants, Conditions and Restrictions (CC&Rs), and the Association’s Bylaws. In addition to those documents, an Association will generally also have rules and regulations that apply to the management and operation of the common interest development, or the conduct of its business and affairs. Such rules typically apply to:

The use of common area or exclusive use common area.
The use of a separate interest.
Architectural or aesthetic standards that govern the alteration of a separate interest.
Member discipline, including penalties for violations and the procedures for imposing penalties.
Plans for the payment of delinquent assessments.
The resolution of assessment disputes.
Elections
Authority to Make Rules and Regulations

Before an Association can enact rules or regulations, its board of directors must have been granted rule making authority. That authority is derived from state statutes and/or the more superior governing documents, such as the CC&Rs. Thus, even if the CC&Rs do not contain a provision that empowers the Association’s directors to adopt rules or policies, the state will most likely have one or more statutes that grant directors the authority to adopt rules for various purposes.

Procedure for Adopting Rules and Regulations

An Association’s board of directors that has the authority to adopt rules and regulations must comply with specific procedural requirements to adopt and enact desired rules and regulations. Those procedures are also generally set forth in the state statutes and/or the association’s governing documents. The typical procedure will follow a sequence like: