ISBN: 0-944715-75-3
2002, 64 pages
Author(s): Lucia Anna Trigiani
Item #: 5753
Retail Price: $30.00 $25.00
Member Price: $18.00 $15.00
The best thing—and the worst thing—about community-association living is The Rules.
- Are your rules reasonable and necessary?
- Can you make exceptions and still maintain your duty to the association?
- Are your procedures legal?
- What are the costs of battling with residents instead of being flexible?
- Why are words like "enforce," "penalty," "punishment," and "power," a problem for community associations?
Reinventing the rules is a challenge that must be met in order to put our communities first.
Contents
Chapter 1—Why We Need Rules
Why Are Associations Allowed To Make Rules?
Association Rules Are Subject to Law
Federal Laws and Regulations
State Statutes
Local Ordinances
Governing Documents
Being Reasonable About Rules Is Good Business
Why Are Rules Generally Dreaded?
Chapter 2—Renovating Old Rules
Does the Rule Make Sense?
Is This the Least Restrictive Way To Approach the Issue?
Is the Rule Still Needed? Does It Address a Current Problem?
Is it Acceptable to Residents?
Is Compliance Relatively Easy? Is It Possible?
Does the Rule Create New Problems?
Is the Rule Getting the Results You Want?
Is the Rule Enforceable?
Is the Rule Legal?
Renovating Old Rules Checklist
Changing With the Times
Chapter 3—Putting New Rules Into Practice
What Does It Mean To Be Reasonable?
Is a Rule Really Necessary
Flowchart: Deciding if a Rule Is Really Necessary
Pre-Emptive Rule Making
Ripples Across the Community
Putting Pen to Paper
State the Rule in Plain Language
Include the Reason for the Rule
State the Rule Positively
Explain the Consequences of Noncompliance
Don't Be Too Specific or Too Broad
The Grandfather Clause
Adopting New Rules
What Does Your State Say About Adopting Rules?
Listen to the Community
Adopt Officially
Distribute and Publicize
Flowchart: Adopting New Rules
Chapter 4—Achieving Compliance
Common-Sense Approaches to Voluntary Compliance
Getting the Association Involved
The Board's Role
Committee's and Manager's Roles
Local Government's Role
Neighbor-to-Neighbor Disputes
Identifying and Verifying Rules Violations
Gather the Facts
Conduct Periodic Physical Inspections
Resident Input
Verify Complaints
Achieving Compliance Informally
Personal Contact
The First Written Notice
Making Exceptions
Consistency
Checklist: Facilitating Compliance Informally
The Grace Period
The Seven Deadly Sins of Enforcement
Formal Enforcement
Due Process
Develop Due-Process Procedures
Flowchart: Due Process Procedure
Essentials of Due Process
Checklist: How To Conduct a Hearing
Consequences
Monetary Consequences
Suspending Privileges
Unacceptable Consequences
Alternative Dispute Resolution
Mediation
Where to Find a Mediator
Arbitration
Using the Judicial System to Achieve Compliance
Sample Script: Due Process Hearing
Chapter 5—Educating Residents About Rules
Delivering the Information
Resale Packages and Association Handbooks
Getting Past the Red Tape
The Reader-Friendly Test for Resale Packages
New Resident Orientations
Sample Agenda for New Resident Orientation
Constant Reminders
Newsletters
Signs
Handbooks
Web sites
Others
Special Considerations
Chapter 6—Accommodating the Pink Flamingo
Strategies for Being Reasonable About
Children
Pets
Flags
Design Review
Parking
Appendix: Community Association Member's and Residents' Bill of Rights
About the Author
Read the Preface
