{"id":79,"date":"2010-10-15T06:00:35","date_gmt":"2010-10-15T10:00:35","guid":{"rendered":"http:\/\/mainecondo.com\/blog\/?p=79"},"modified":"2010-10-06T07:48:59","modified_gmt":"2010-10-06T11:48:59","slug":"misperception-8-%e2%80%9cwe-can-write-the-rules-any-way-we-like-it%e2%80%99s-easy-%e2%80%9d","status":"publish","type":"post","link":"http:\/\/mainecondo.com\/blog\/?p=79","title":{"rendered":"Misperception #8 \u201cWe Can Write the Rules any Way We Like. It\u2019s Easy.\u201d"},"content":{"rendered":"


\n<\/strong><\/p>\n

This post is one of a series about 10 Most Common Misperceptions About Condominium Laws And Operations<\/strong>, which I <\/strong>presented at the Maine Condo Forum and Expo in Portland, Maine, on September 25, 2010.<\/em><\/p>\n

Boards frequently write their own rules and regulations.\u00a0 I see many rules which are poorly drafted or which violate the declaration, bylaws or the condominium act, or both.<\/p>\n

Generally, rules are trumped by contrary provisions hidden in the condominium acts, the declaration and the bylaws.\u00a0 Rules cannot violate other ordinances or state or federal law either.<\/p>\n

It is not easy to draft rules.\u00a0 Poorly drafted rules may not achieve the ends which the drafter intended; it is the words themselves, not what you may have intended but did not express, which usually prevails if they are challenged.<\/p>\n

Trying to enforce poorly drafted rules presents risks to the association. \u00a0Owners may not understand the rule.\u00a0 \u00a0It may be difficult to prove that someone has violated a rule that is not clear.\u00a0 If the association ever finds itself in court, the exact language of the rule will receive a higher standard of scrutiny than one would imagine.\u00a0 And if the Board fails in court, it could be assessed the attorney\u2019s fees of the unit owners.<\/p>\n

Recommendation.\u00a0 When in doubt about the legality or clarity of a rule, ask that it be reviewed by an attorney.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

This post is one of a series about 10 Most Common Misperceptions About Condominium Laws And Operations, which I presented at the Maine Condo Forum and Expo in Portland, Maine, on September 25, 2010. Boards frequently write their own rules and regulations.\u00a0 I see many rules which are poorly drafted or which violate the declaration, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-79","post","type-post","status-publish","format-standard","hentry","category-10-most-common-misperceptions-about-condominium-law-and-operations"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t