Rules Rules Rules

Home Owners Associations - Rules
And then there were these rules!

One of the benefits of living in a Townhome Association is that there are RULES which give the community some modest control over the appearance of the neighborhood. But, one of the problems with living in a Townhome Association is those RULES! They can be a real source of controversy.

I remember when we were looking for a new home a few years ago. We found a nice one, in a nice neighborhood, with greenspace in the back yard, etc. The only problem was that the house next door was a mess. The garage door was falling off the hinges, and the yard was full of trash, front and back. We did not make an offer on that house. Who wants to live next door to that?

Associations have rules, and they can be very beneficial, but only if they are properly enforced.

Some are established as part of your organization's original documents. For example, there is normally an Architecture Review Committee to approve any changes in the Units or the landscaping. But another whole set of rules are generally adopted by your board of directors as the with more detailed requirements for the Association.

Why Rules?
Some rules have obvious practical applications. If we are paying a lawn service to maintain the grass, then residents cannot store things on the grass. They also cannot simply put obstacles and structures in the Common Area, which is owned by the Association. The Association has the duty to maintain the Common Area for the benefit of all.

Other rules have to do with general upkeep and appearance. For example, the Association will generally have rules about trash containers - when they can be put out and when they must be stored. They may also ban any type of debris or "junk" in any of the exterior portions of the Units. There may have rules about the size and location of real estate signs, and fences (none), and the number of pets, etc.

Our Association has strict rules about what kind of things can be parked in driveways. For example, inoperative or leaking vehicles will be towed after one warning. We also mandate what can be visibly stored on exterior decks or patios, etc. That might seem like over reaching, but it avoids some major problems where residents might be tempted to store their trash outside in plain sight. They can't see it - but everyone else can!

What about Renters?
Some of our residents are renters, not Owners, but they are also held to the same rules. If there is a violation, we fine the Owner, and it is their problem to collect from the Renter, or get them to conform to the rules. One of our rules requires the Owner to give the renter a copy of the Association's documents, and inform them that they they are held to the same rules.

Enforcement is NOT an option.
If you have rules, you MUST enforce them, or they lose all of their authority. For example, we fine residents who do not store their trash containers out of sight. If we were to let up on that, we would basically lose all credibility for that rule.

On occasion we get some push back from our non resident Owners. Most of the folks who actually live here prefer an orderly and neat neighborhood. But if they are too upset about things, they can always come to the annual meeting and lobby for a change to the rules - or offer to serve on the board for a term. 

Exceptions
But, all rules are not equal, and there are reasonable exceptions. For example, we have a general rule against the storage of large commercial vehicles and objects on driveways. But if you are in the process of moving, and you want to locate a POD on your driveway for a week in order to fill it - or empty it - there is a formal request and approval process which allows for an exception. But if you ask for an exception for that collection of used furniture parts along the side of your house, that would not be approved.

Conclusion - It's up to YOU
If your association is NOT enforcing some the rules, you should bring it to the attention of your board members. If you see something that you consider a problem, please bring it up. The rules are to benefit all of us, and if we ignore them, they will eventually not be enforceable.

Remember - we're all in this together, and I'm pulling for you.