As the old saw goes, one bad apple can spoil the whole bunch. The same idea  often holds true for residents who choose to ignore bylaws or house rules, even  if they are well-intended and in place to serve the greater good of the  community. In the end, it’s the board that must take the pulse of the community and determine what rules  are appropriate and instruct the property manager to enforce them as necessary.  

 Setting the Rules

 For homeowner associations and condos in Florida, the lines are drawn clearly on  how house rules should be implemented. “The property manager should be the eyes and ears of the board,” says Evonne Andris, an attorney with Hyman & Mars LLP in Miami. “He or she should bring concerns and issues they encounter regularly to the board’s attention. The property manager should work to establish rules and the board  itself votes on approving rules. Generally, rules are the only association  documents which can be revised by a board of directors; revisions to all other  governing documents generally require a unit owner vote.”  

 Rules are created for many reasons, but some unit owners forget why some of them  are there in first place, or that they have a personal stake in their  enforcement. “If an issue continues to happen regularly, and it is related to the use of the  property and the protection of the values of the units, it should be brought to  the board’s attention for review and discussion of instituting a new rule or revising the  current rules,” says Andris.  

 That said, from time to time, unit owners call into question the validity of  some rules. The most common include pet policies, noise complaints and issues  such as whether smoking is allowed in common areas, or banned outright. “We often have new clients provide us with a huge book of rules that have been  adopted and modified over the years and who discover, much to their surprise,  many of those rules are invalid and unenforceable,” says Lisa Magill, an attorney wtih Becker & Poliakoff in Fort Lauderdale..  

 Since house rules can generate controversy rather easily, boards need to be  strong and effective authorities to keep the peace. That means boards should  read up on exactly what their powers are—as well as what they also cannot do. “The board first has to establish who or what has the authority to promulgate or change the rules,” says Andris. “The Florida statutes do not automatically give every board of directors that  authority, so you must look to the governing documents, generally the  Declaration of Condominium, for that authority.”  

 Most often, when new residents move into a property, they do so in part because  they like the lifestyle it affords, and rules can play a large part in  preserving that lifestyle. With that in mind, boards should consider the whole  of the property when judging the validity of a rule. “Rules and regulations are an important part of community association living but  must be closely tailored to the needs of the community,” says Magill. “Many people choose to move into a particular community due to enforcement of  use, maintenance and architectural restrictions. It makes sense, residents may  not want to look at basketball hoops, soccer goals and other play or sports  structures when driving to and from work every day. On the other hand, rules  prohibiting these items are probably not ideal for a community mainly comprised  of families with children.”  

 Can Good Rules Go Bad?

 In most cases, the common house rules included in the governing documents are by  and large deemed “good” by the board and residents. But, some existing rules simply become antiquated  and require periodic revisiting. “Obviously, any rules that expose the association to liability are bad. Many  associations simply forget to eliminate restrictions against children, even  though the community doesn't qualify as housing for older persons. Those  restrictions may become fodder for a housing discrimination complaint,” says Magill.  

 A point of confusion for boards and unit owners can be how to reconcile  declarations and house rules. Bylaws, which appear in a building's declarations  are based on state law. Bylaws grant the board's authorities including creating  house rules. Bylaws also limit what those house rules can be. And it's not as  simple as the board simply filling in the gaps with what the declarations do  not say. “For example, if a declaration does not say there is any restriction on pets, and  a board then makes rules on pets in the building, that could be challenged  later in court as unenforceable,” says Michael Bender, an attorney at Kaye Bender Rembaum in Pompano Beach..  

 Since declarations are determined by state laws, what they don't include can  imply a legal right for unit owners, and boards need to be very careful about  this. “Boards should consider counsel before adopting any rules,” says Bender.  

 And not all rules are one in the same. Bylaws usually conform to how the board  or the association operates as a corporate entity, and spell out the specific  powers and duties therein. House rules and regulations usually relate to use  restrictions on the part of residents.“Rules do not work when they conflict with the association’s governing documents. In addition, rules do not work when they contain  restrictions that are better suited for the Association’s governing documents,” says Andris. “Rules need to make sense for the community. Onerous rules that don't seem to  have any real purpose are often ignored or blatantly violated,” says Magill.  

 As Magill notes, oftentimes a board will have to revisit existing rules and  determine if there are any changes required due to new legislation. In some  cases, a rule might simply be outdated and require removal. In the latter case,  these rules are rarely enforced and a general sense of apathy sets in for  residents, the board and the manager.“Rules need to change with the changing times. When I first started in this business,  most of the condominium associations prohibited owners from having trucks  parked in the lot. Over the years as trucks became more commonplace and  accepted as personal transportation, as opposed to just work vehicles, those  rules fell by the wayside. In other words, rules need to make sense for the  community. Onerous rules that don't seem to have any real purpose are often  ignored or blatantly violated,” says Magill.  

 Enforcement & Removal

 When rules are ignored or otherwise overlooked, there are ramifications, which  can happen immediately or gradually over time. To this end, house rules that go  unenforced can compromise the overall operation of the homeowner community. “Rules, like any covenant or restriction in the declaration, are required to be  uniformly enforced in order to remain viable. So, if there are rules that the  board knows or should know are being violated, and they don't seek to enforce  them, then the board runs the risk of waiving the ability to enforce those  rules in the future—because if you fail to enforce to rules against some, and try to enforce them  against others, you will face a selective enforcement defense,” says At the same time, “Whether the association would face legal action by an owner claiming it wasn't  enforcing the rules, I haven't seen a lot of that,” says Bender. Board members can be also be voted out by residents. This can be  an issue if a board insists on drafting and enforcing rules that a resident or  residents deem unfair, illegal, or otherwise infringe on their use and  enjoyment of the property.  

 As the case often is, one or two residents might find issue with a rule or two,  and continually break them, which forces the board’s hand and causes them to react. Boards should be proactive and deal with an  issue promptly before the conflict escalates. In Florida, recent statutes have  given boards more leeway to execute their authority. “The law now allows condo associations to fine, regardless of whether fining is  authorized in your governing documents—so long as the fining procedures are properly followed,” says Bender. “If a fine is properly approved you can use that to suspend an owner's voting  rights. You can also bring legal action against that owner. Generally, that  would start with a warning letter of the violation, and if they don't respond  to that, then refer the matter to counsel to send a more firm demand letter. If  they still don't comply then legal action would follow,”says Bender. Legal action could turn into a lawsuit, but often mediation  provides better outcomes for both parties.  

 For many well-intended boards and property managers, determining at which point  to involve an attorney is often confusing. “Benjamin Franklin said 'an ounce of prevention is worth a pound of cure.'  Community leaders should employ that principle. Ask the attorney whether you  can adopt a particular rule or regulation and then find out the proper  procedure required. The board needs cross its 't's' and dot its 'i's' on the  front end if it wants to be successful in rule enforcement later on,” says Magill.  

 Andris also says boards should always consult an attorney when it comes to house  rules, especially if they're in doubt. “Governing documents differ, therefore associations should consult their attorney  to ensure that proposed rules do not contradict the association’s governing documents. In addition, associations should consult their attorneys  for the purposes of the enforcement of rules,” she says.  

 Remember, whatever your board’s approach to rule-making and rule-breakers is in your building, professionals  stress that establishing a sound, rational set of fair and enforceable rules is  always best and the easiest way to promote harmony in your building community  for all concerned.  

 W.B. King is a freelance writer and a frequent contributor to The South Florida  Cooperator. Editorial Assistant Tom Lisi contributed to this article.