[TX][SFH] ELI5: Rules & Regulations

Our Association has separated out Landscaping Standards, Architectural Standards from the Rules and Regulations. Our Rules and Regulations are based on Federal Laws, State Laws and City ordinances. Lastly, we take what is stated in our Declaration and place it into our Rules and Regulations.

Rules and regulations apply to common areas.
Policy Resolutions are used to clarify language, establish procedures or both.
Covenants (aka deed restrictions) identify what an owner may or may not do with their property.

Examples:

Rental limits - Covenants as it limits property use.

Pets must be on leash - Rules/Regs as it would only apply to having pets on common areas.

How assessment payments are applied when late fees are involved - a policy

Code of Conduct establishing behavior on common areas - Rules/Regs

Expecting that you are in a condominium complex - hallways would be common areas, so no notes on doors would be an valid rules/reg

Rules and regulations can be tweaked or dropped altogether, so which ones really concern you and why? Take them to the board - you may be correct in that they rammed this through without considering what may happen if someone challenges it in court and wins.

I hear the ex-president in you expressing legitimate concerns, but as you know, these folks might be inclined to ignore you due to past history (DB lady). You also know that sometimes you have to let life do what it do. If that means these people get their behinds handed to them by a judge, so be it. It's just unfortunate that the association may have to shell out legal fees and damages because of it.

It appears you're mostly concerned about the code of conduct. You didn't say what's in it, but it's one thing to have rules that can prevent association meetings from becoming a WWE throwndown, vs. sending a letter to homeowners expressing concern about a new policy. For the latter, I'd remind people its illegal to put it in the mailbox without postage, but I don't see a problem with folding it up and attaching it to a doorknob with a rubber band. Just throw it away if you don't want to read it.

Whatever your viewpoint is, keep speaking up and focus on the challenges of enforcement, then let them chew on your opinion- or not. If they try to use "violation notices" to shut you up, let them know you'll keep talking. I'm sure you know how to disagree without getting personal, so let them prove otherwise. The first amendment is still effective (for now), even for boorish language, which can be subjective.

Tim,
In many HOAs consisting of single family homes, the HOA board may adopt and enforce regulations that apply to private property.

In my HOA, we regulate the noise coming from the property to include music, loud engines from vehicles and home generators, appearance of the property, signs, decorations ect.

Thanks Shelia! I always appreciate your support!

I know I posted the proposed "CoC" here in the past, but I can't find it now. But I still have the text; I'll append it below, and if the Powers That Be judge it worthless, I hope they will feel free to remove it. I do not have many issues with the overall intent of the document, ie, let's all be nice to each other. But it's sooo easy to see this being abused, either by non-enforcement, selective enforcement, or incorrect enforcement ("I ran into Cornelius at the grocery store and he said I was fat! Fine him $100!")

Bill

SECTION XYZ - CODE OF CONDUCT

For the benefit of all residents, and in the interest of allowing residents to both express their opinions and peaceably enjoy their property and common areas, the Board of Directors has adopted this Code of Conduct as an Association rule.

This Code of Conduct provides that Association officers and directors, owners, residents, and guests must conduct themselves in a civil, non-intimidating, and non-threatening manner when dealing with the Association’s agents (including without limitation its officers, directors, committee members, manager and other management company agents, employees, contractors, independent contractor service providers, and other agents), as well as other owners, residents, and guests. No person has the right to abuse, disturb, or unreasonably annoy another, nor does any person have a duty to tolerate abuse or unreasonable annoyance or disturbance.

1. Prohibited conduct. The following conduct is expressly prohibited between or among any of the
above-described parties:
a. photographing, recording, or video-taping residents, guests, or agents of the Association
without their express consent*;
b. verbal abuse, including yelling, name-calling, or similar;
c. insults, derogatory name-calling, or demeaning comments;
d. cursing or profanity;
e. use of slurs of a nature that is racial, ethnic, religious, sexual orientation-related, or gender-related;
f. behavior that a person of ordinary sensibilities would find intimidating, aggressive or threatening;
g. hostile or unwanted touching, physical contact, or threats of physical contact;
h. sexual harassment or lewd behavior;
i. sexually suggestive language or other language that is likely to be offensive to a person of
ordinary sensibilities;
j. posting any item, including correspondence, on the doors of any other resident or anywhere in the community without express written permission from the Board, and placing any item in the area of the door(s) of any other resident or anywhere else in the community other than in a resident’s own property;
k. correspondence, whether oral, written, or electronic, that is deemed in the Board’s or manager’s sole discretion to be harassing or intimidating (the Board and/or manager may without limitation consider the tone, time, and frequency of correspondence, and whether previous reply has been given to similar correspondence, in determining whether correspondence is harassing or intimidating);
l. publicly posting in any forum (by way of example and not limitation: via internet, text, mail, paper flyer) any comment, statement or remark about an Association employee, officer, director or representative that is or may be reasonably interpreted as defamatory, threatening, harassing, or intimidating;
m. calling, texting, or otherwise corresponding with another resident or a director, manager, or other agent of the Association after being instructed not to do so;
n. asking Association or management personnel to perform personal errands;
o. creating a fire hazard of any sort anywhere in the property;
p. making loud noises or other engaging in other activity that unreasonably interferes with a resident’s peaceful enjoyment of the community or is a nuisance;
q. entering another owner’s Unit or that Unit’s Limited Common Elements without the Unit owner’s permission;
r. depositing trash, clutter, debris, or other objects on another resident’s property, on the Common Elements, or anywhere other than designated receptacles;
s. placing any items on any of the General or Limited Common Elements, except as expressly authorized by the Declaration, the Rules, or the Board of Directors;
t. obstructing free passage along sidewalks and doorways, either in person or by use of an object;
u. directly addressing contractors or persons who are performing work around the property in a way that the person finds to be intrusive, interfering, harassing, or threatening. Without limitation, owners may not direct or attempt to direct association’s contractors actions in any way. Any questions or concerns regarding the work of association service providers must be directed to management unless an owner is expressly directed to communication in an alternate manner;
v. interrupting utility service to any part of the property without prior written approval of the board or management;
w. causing damage to any common elements, other units, or the personal property of others that is located on the property;
x. displaying in any manner weapons such as knives, guns, brass knuckles, or other similar items, regardless of whether the display is intended as threatening. All such items may be transported to the owners’ unit to and from the owner’s car as reasonably necessary but at all times in a case or other enclosed carrier.
y. reporting an alleged violation of a building, health or safety code when no such violation exits or is substantiated by the code enforcement body.

2. Requests to leave. Any resident, guest, director or officer who is requested by the Board or managing agent to leave the manager’s office or an Association facility or meeting shall do so immediately.

3. Communication with the Association Manager or Board. The Board or manager may require, in their sole discretion and upon notice to a resident, that all non-emergency communication (emergency being immediate threat to persons or property) from the resident or owner be in writing and/or in a particular form (such as, without limitation, mail or email).

Further, the Association may, upon notice to a resident or owner, direct the resident or owner to discontinue all non-emergency communications, and may decline to reply to communications except as required by law. The Board may require all communications to be through the management representative or other Association agent only (may prohibit direct communication with directors or officers). For any situation involving immediate threat of physical harm to persons, 911 should be contacted.

When there are multiple owners of a property, the Board may select one of the owners as the contact person for all communications. Following notice to the owners that one has been chosen as the contact person, that contact person is the only one the that will be deemed authorized to communicate with the Association.

4. Communication from tenants. All communications related to Association matters should come from owners rather than their tenants. The Board or manager, in their sole discretion, may decline to reply to communications from tenants.

5. Association employees/contractors. Residents may not instruct, direct, or supervise the Association’s or manager’s employees, agents, or contractors unless otherwise directed to do so in writing by the Board. Residents and guests may not harass or interfere with the performance of any duties being performed by the Association’s or manager’s employees, agents, or contractors.

6. Owner Responsibility. Owners are responsible, and can be fined, for all violations committed by residents of their unit, their guests and invitees, as well as their tenant’s and their tenant’s guests and invitees.

7. Fines/enforcement action. Notwithstanding any other language to the contrary in other Rules, a fine in the amount of $100/violation shall apply to each violation of this Code of Conduct, unless the Board of Directors determines otherwise. If an Owner has been cited for a violation of this Code of Conduct in the preceding six months, the fine shall increase to $150/violation. In addition, the Association may invoke any other remedy allowed by its Covenant Enforcement and Fining Policy.

* This is not applicable to monitoring equipment installed or maintained by the Association in or around common areas or to other monitoring equipment approved with written consent of the Board.

** The board may in its discretion pass a resolution setting fines for any specific violation case-by-case, at a higher or lower amount, as it believes appropriate.

Yes, they seem to have taken a huge mouthful of something, haven't they? I really think you don't have to worry abou a lot of this - the board will find out (eventually) that it's one thing to enforce a a rule and another to enforce it. Some of this is probably addressed elsewhere in your documents anyway. If they'd bothered to read them, they would have seen it.

This may be more flexing than anything - pass a wad of rules to give the impression you're actually addressing association issues instead of the real ones like funding reserves. Flexing mayy look and sound cool, but it rarely fixes anything. Just sit back and watch this blow up in their faces.

I came across an Illinois appeals court case ( a few years ago) that might be relevant.
The court ruled that if the condo declaration (CC&Rs) is silent on the issue of dogs, then the board still has the authority to create a rule that prohibits dogs — or perhaps limits the number (e.g., "no more than one dog"). In other words, the rule doesn’t need to be explicitly tied to a specific clause in the declaration — as long as the declaration doesn’t forbid the board from regulating the issue (and it doesn't conflict with the declaration).

What might make this ruling work in a board’s favor:
1. If the governing documents gave broad rulemaking authority — language like: “The board may make reasonable rules for the safety, welfare, and benefit of the community.” That kind of catch-all clause might make it easier to justify new rules even when not directly mentioned.
2. If it was a condominium property — which helps justify stricter rules, since people live in close quarters. That proximity often gives boards more latitude to restrict things that could affect neighbors (like barking dogs, allergies, noise, etc.), compared to, say, single-family homes on large lots. It's more reasonable.