Becker & Poliakoff

Enforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them?

Enforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them?

Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and regulations. Prospective owners and tenants must understand what is required of them under these documents as they are bound to abide by the same. Enforcing the rules and restrictions is an important role of the Board of Directors. The association must enforce all rules and restrictions consistently and uniformly. If the Board fails to do so, it opens the door to a selective enforcement defense which could result in an association not being able to enforce certain restrictions.