Be Reasonable! How Community Associations Can Enforce Rules Without Antagonizing Residents, Going to Court, or Starting World War III

On a June day in 1991, Helen Garrett spotted a notice above the mailboxes at her Santa Ana California condominium. The notice accused Garrett, a 51 year-old financial consultant and grandmother, of "parking in [a] circular driveway, kissing and doing bad things for over one hour." Her condominium association, which posted the notice, promised to fine her if it caught her doing "bad things" in the future

Garrett was furious. Her kiss with "a very respected businessman" was brief. People began calling her "hot lips," she said, and asked her what bad things she was doing. The story quickly became national news, appearing in the Los Angeles Times and USA Today. Garrett hired a high-profile attorney. She threatened to sue for defamation and emotional distress and demanded a public apology. She received it only when the association learned the "violator" was not Garrett but a 17 year old girl and her boyfriend.

This is a textbook example of an unreasonable board of directors. The association board never passed a rule against "kissing and doing bad things," it never had the authority to peek into residents' cars. And even if such a rule existed it's so unreasonable—a kiss goodnight is hardly the association's business, let alone a threat to property values—that no court would support it.

The board's enforcement procedures were equally unreasonable. Rather than notifying Garrett of the violation in private or issuing a warning or offering due process the association chose public humiliation, posting the violation notice where anyone could see it. And how did it intend to enforce the rule? Would the condo kiss police fine her $50 for every smooch? Would they run lipstick tests on every man who exited the community? And what, exactly, is the legal definition of "bad thing?"

In this case, the "bad thing" was a bad rule—and equally bad enforcement procedures.

Harassing residents is not why community associations have rules and restrictions. Community associations enforce rules and restrictions to ensure a high quality of life for residents and to preserve property values. To prevent homeowners from painting their houses pink or storing washing machines in their yards. The problem is that many directors&151;as in the case of Helen Garrett—are overzealous or inflexible. They overstep their legal bounds of authority. They write rules that are vague and imprecise; that are too broad and too extreme. Rules that serve no purpose in maintaining property values. Rules that are outdated, illogical, and unreasonable.

Enforcing rules and restrictions doesn't need to result in unnecessary lawsuits and public relations nightmares. This book offers strategies for drafting and enacting reasonable rules, identifying unreasonable rules and restrictions and working with owners. It also discusses reasonable enforcement procedures from making exceptions to providing due process.

Much of this information is based on articles. . . written for Common Ground—a bimonthly magazine on condominium and homeowner associations published by the Community Associations Institute (CAI). . . Here, then, is how your community association can enforce rules and restrictions without antagonizing neighbors, going to court, or starting World War III.

Topics covered in Be Reasonable include:

Writing Reasonable Rules
Understanding Rules and Restrictions
Reasonable Enforcement Strategies
Mediating Disputes
Levying Fines
Controversial Rules and Restrictions
Children
Holiday Decorations
Satellite Dishes
Vehicles
Eliminating Unreasonable Rules

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