Rules, basic or detailed

Our HOA (townhomes and single-family homes) is preparing to adopt rules, and apart from arguing over the specifics there is a global issue of whether we want to (a) keep it basic and minimize the number of rules, or (b) strive for comprehensive rules that address as many issues as possible (including some that are not currently a problem but conceivably could become a problem in the future). As an example, we could have a couple of rules about pets (dogs have to be on leashes when outdoors; owners have to clean up after them) or far more detailed rules (pets must be registered with the property manager; leashes must be no more than six feet in length; etc. etc.). I'd like to hear opinions on this issue, and I'd also like to know of any expert commentary available in books or on the internet that would support one approach or the other.

Do I remember that you're on the Board, Art? And did you recently move form developer o control to homeowner control?

Is the Board preparing or seeking potential rules, which the Board will discuss?

Will some rules involve the what we might call architectural guidelines and an ARC committee?

I recall reading tips in a CAI handbook for new board members. One, which relates to John's point is to make sure the rules will be enforced, and moreover, are enforceable. We updated our R&R Handbook a few years ago and got rid of at least two that are unenforceable: We have a fenced pool area and outside the fence is a BBQ arid with a couple of big built in gas grills. The rule had been no glass in the pool & BBQ areas. But, of course, folks often brought down their marinating items in glass containers. So we kept that rule only for the fenced pool area.

A 2nd was the stairwells in our high rises: It was against a rule use them except for emergencies. but some like to walk the stars for excerize & it's impossible to enforce. So we eliminated it.

I think you also want to set up a finis schedule to accompany the rules. Because we're an elevator building in a city block, we have very strict rules about dogs. The condo owner, for instance, will be called hearing immediately if a dog living or visiting the unit leaves waste in elevators or in the landscaping or on the hardscape. Immediate call to hearing & probable $100 fine for 1st offense with potential to double for each repeat violation.

But maybe you don't need that level of rigidity in your HOA for that offense.

I've noticed on this site there have been many issues with visitor or guest or temporary parking. Maybe that's a topic that needs close attention

Any rules made may NOT be more restrictive than the Covenants and Restrictions.

Your rules may only 'expound' on any restrictions stated in the Covenants.

Your rules must be authorized by or referenced in said Covenants.

eg.

Unless the Covenants restrict signage you may not merely 'make up a rule'.

food for thought: why would one wish to make more rules than are absolutely necessary ?

even Hammurabi's set was limited to a few pages of simple language

? ?

? who, exactly, will be going around with a ruler checking ?

10,000 words sounds like an awful lot with one problem being that too many residents may not bother reading them.

As Tim points out and your probably know, muni & other codes may trump yours. Our CC&Rs, for instance, don't permit any signs in our condos' windows, but higher level codes say noncommercial signs are permitted, we restricted them by size, and commercial signs are limited to realtor signs of 4 x 4. But you probably already know about this too in your area.

In our CC&Rs, these are called Rules and Regulations, so that's what we call them. We do have a lot of "policies," but they tend to be things like th temperature we set our corridor & gym thermostats.

May your board approve rules without Owner comments, Art? Does IL have any l statutes about that (CA does)? Or your own documents?

Hi Art - there is an excellent publication offered by the Community Associations Institute titled "Reinventing the Rules: A Step-by-Step Guide for Being Reasonable" which i'd advise you purchase and read. This publication has made tremendous difference in how our community sees its rules and the administration of those rules.

Good luck!

oljim, in texas