Echo Journal – Issue 3 2021

Page 26

A Rule About Rules By Patricia Arnold

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very community association needs to have (and follow faithfully) this critical rule about its rules: Be consistent and be non-selective. Well, OK, that sounds like two rules. But they’re related. Important note: “traditional rules” or “unwritten rules” cannot be enforced. The rules that are to be enforced must have been duly adopted and distributed to the membership; expecting members to follow the rules requires that they be provided with a written copy of the rules. If an association’s rule is to be enforced, it must be enforced in the same way every time (consistency), and it must be enforced for any unit or lot in the community that is not following that rule (non26

ISSUE THREE 2021 | ECHO journal

selectiveness), absolutely without consideration for who owns the property, including board members or any other “revered” owners. Being non-selective and consistent when enforcing association rules is crucial to a community’s compliance program. The association manager or the board members responsible for enforcement of rules must have crystal-clear guidelines, and they must have authority to enforce regardless of who owns a property in the complex. Consistent communication must be clear, factual, fair, and always respectful. A courtesy notice, a violation notice, or an enforcement hearing notice must go to any individual


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