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. I see many rules which are poorly drafted or which violate the declaration, bylaws or the condominium act, or both.
Generally, rules are trumped by contrary provisions hidden in the condominium acts, the declaration and the bylaws. Rules cannot violate other ordinances or state or federal law either.
It is not easy to draft rules. 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.
Trying to enforce poorly drafted rules presents risks to the association. Owners may not understand the rule. It may be difficult to prove that someone has violated a rule that is not clear. 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. And if the Board fails in court, it could be assessed the attorney’s fees of the unit owners.
Recommendation. When in doubt about the legality or clarity of a rule, ask that it be reviewed by an attorney.