Creating sound rules and regulations

Much has been reported on the rights of a community association to determine rules for the community, rights given to the board by their Memorandum of Incorporation (MOI)/Constitution or other governing documents, where members often question whether the board has these rights and whether a specific rule is fair.

Rules attract penalties for breaches of these rules and these penalties are accounted for at all meetings of the members in financial reporting. Much has been said on the use of the term ‘fine’ and the rights of board members to issue ‘fines’. This is often seen as a punitive measure and regarded as one of blame. For this reason, the term ‘penalty’ better describes the course of action when a member breaches a rule.

It is also interesting to note that living outside of an organised residential community comes with rules. Residents living in the ‘suburbs’ are not permitted to throw raucous parties after certain hours, their dogs are not permitted to bark and disturb neighbours, and property practitioners are not permitted to install show boards outside the parameters set by the municipality, to name but a few. The difference is in the enforcement that is there to ensure a harmonious community.

Characteristics of good rules

When writing rules and guidelines for the successful implementation of these, boards should keep the concepts and words simple and understandable to the average person in the community. If residents understand rules, they’re more likely to comply with them. For example, board members may attempt to lend authority to their writing by using legal words as a way of demonstrating seriousness or fear of noncompliance. Though rules should have a solid legal basis, those who read them must be able to understand them. The following characteristics of good rules will help board members avoid the traps of complexity and misunderstanding:

• Clarity and accessibility: Write rules and regulations in clear and simple language. Avoid jargon and technical terms. Make the document easily accessible to all members, perhaps by posting it on a community website or distributing printed copies.
• Transparency: Rules are not in place to trick people; they should require people to do what they would have done naturally without the rule, after merely thinking about it. Thus, if rules require what reasonable and decent people would do anyway, then rules must only be enforced against the few who aren’t reasonable and decent.
• Sufficiency: Good rules are the minimum necessary to provide for the comfort and safety of the residents, the equitable use and enjoyment of facilities, and the equitable burden of responsibility in a community. At the very least, rules must prioritise the safety, wellbeing, and health of all community members.
• Efficiency: Good rules accomplish exactly what the board intended them to accomplish. Rules should be practical and attainable for community members. Unrealistic expectations can lead to frustration and noncompliance. Aim for rules that are feasible within the context of the community’s dynamics.
• No side effects: Good rules resolve, rather than create problems. For example, the board of the XYZ Association is concerned about teenagers damaging lawn areas when they play ball. To resolve the problem, the board prohibits groups of three or more people over the age of 10 from playing on the lawn. The teens react by playing on the street or on the lawns of adjacent associations, resulting in complaints from motorists and other association boards. Prevent this type of situation by considering the likely side effects of a rule when drafting it.
• Enforceability: Probably the most important characteristic to consider is the enforceability of your rules, which can be broken down into two components:

  1. Make sure you have the authority to enforce specific rules.

  Review local laws and cultural norms to ensure that your rules are in alignment. This prevents conflicts between community regulations and external legal requirements. Ensure that rules respect the diversity of the community. Avoid rules that might discriminate based on factors such as race, religion, gender, or socioeconomic status. Encourage an environment where everyone feels valued and included, as rules that do not carry these traits will likely be considered undesirable or unconstitutional.

  Positivity: Residents must understand the need for the rule and comply with it voluntarily. Neither the board nor the manager is in a position to police the community, therefore good rules must encourage members to want to comply with the rules because their purposes are clearly explained in a positive manner.

  2. Make sure you have the ability to enforce specific rules. Good rules cannot include vague statements that are left open for interpretation, but also cannot be so specific that additional resources are constantly required to monitor whether these rules are being broken. Make sure you have the physical capabilities to enforce your rules.

  • Flexible: Good rules allow flexibility and the use of reasonable judgment and mediation in enforcement. Rules should be adaptable to changing circumstances and needs. Communities evolve, and rules should be periodically reviewed and updated to remain relevant and effective.

  • Appropriate and proportional consequences: Rules should outline consequences that are proportionate to the offence. Minor violations may warrant warnings or educational reminders, while more serious breaches may require stronger actions. This balanced approach promotes fairness. Rules must be fair, treating all community members equally. Apply them consistently without favouritism. Consistency builds trust and reinforces the idea that everyone is accountable.