Rules, Violations & Fines

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  • Can the Board adopt rules without an owner vote?

    Boards frequently have authority to adopt reasonable rules concerning association property and community operations, subject to applicable law and the governing documents.


    Rules cannot simply override the declaration because the Board prefers a different policy.

  • What makes an association rule enforceable?

    Among other considerations, rules should be authorized, reasonable, properly adopted, clearly written and consistently enforced.


    A rule that looks excellent on paper can still create problems if it conflicts with superior governing authority or is selectively enforced.

  • Can the Board fine an owner?

    Associations may have authority to levy reasonable fines for violations, but due-process and governing-document requirements matter.


    Boards should establish a defensible enforcement procedure rather than issuing arbitrary fines.

  • Does an owner get a hearing before being fined?

    Applicable law and governing documents can require notice and an opportunity to be heard before certain sanctions are imposed.


    A good enforcement process should allow the owner to understand the alleged violation and respond.

  • Can the Board fine one owner but warn another?

    Selective or inconsistent enforcement can create significant legal problems.


    Different circumstances can justify different outcomes, but the Board should be able to articulate a legitimate reason for the distinction.

  • Can the association regulate pets?

    Often, yes, subject to applicable law and the governing documents.


    However, pet rules intersect with disability and fair-housing requirements when an owner or resident requests a reasonable accommodation involving an assistance animal.


    Boards should not treat an assistance-animal request as an ordinary pet-rule issue.

  • Can the association prohibit rentals?

    Rental restrictions are highly dependent upon the declaration, amendments, applicable law and the precise restriction proposed.


    A Board considering new leasing restrictions should have counsel review the proposal before adoption.

  • Can the association regulate smoking?

    Potentially. The scope of the Board's authority and the appropriate mechanism depend upon the governing documents, affected property and applicable law.

  • Can the association regulate holiday decorations?

    Reasonable rules concerning common elements, installation methods, safety, duration and appearance may be permissible.


    Boards should enforce decoration rules consistently and remain mindful of discrimination and religious-accommodation issues.