Becker & Poliakoff

Rules and Refereeing with Howard Perl

Rules and Refereeing with Howard Perl

For more episodes of Take It To The Board, click here!


Even as children, enforcing the rules that kept games playful didn’t always make you very popular with your peers. Association board members and managers will tell you that, when it comes to maintaining a community of adult homeowners, not much has changed since those playground days. Donna and Howard help association leaders embrace this unpopular segment of their service and outline best practices to successfully establish enough – but not too many – guidelines, enforce rules consistently despite a violator’s outrage or board position, and know how and when to escalate enforcement proceedings beyond the informal hallway/poolside chat.

Additional topics include determining whether the board has rulemaking authority, performing a rules audit, resolving conflicts between rules and the governing documents, evaluating arbitration and mediation to resolve disputes, bracing for the most-used affirmative defenses violators employ during litigation, and so much more.

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunesAmazon Music, Spotify, YouTube, or listen through any podcast streaming app.