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From the Fall 2023 Issue

The Wrath of Condo Rules Enforcement

Judicial Matters

Feature || Bill Lang, RCM

We’ve all heard the old adage that when you buy a condo, you also buy its legal documents and rules. Any property manager worth their salt knows how much of a joy it can be navigating complex condo communities through drafting rules and regulations, let alone enforcing them. Adding to the excitement is the mandatory requirement that rules be reasonable. Declarations and bylaws do not, but rules? No exceptions – they must be reasonable. To either ease the pain or add to the joy, here are some lessons and steps managers and directors can take away:

Exploring Why Condo Owners/ Residents Break Rules
There is a plethora of colourful excuses as to why owners and residents break the rules. The core reason is that directors and property managers often struggle to address why they are officially establishing specific rules in the first place — especially the potentially controversial ones. This leads to faulty rules compliance and a lack of commitment from the ownership.

Instead, punishment, reminders, and reprimands are the standard, but such tactics are not sustainable in a condo community. One of the reasons condo residents break the rules is because there are too many of them, or they don’t resonate or seem relevant today. When the board is in the process of implementing a rule, they must commit to adequately evaluating it to determine: 1) if it’s within the sphere of common sense; and 2) if it’s reasonable. Establishing rules and implementing them as part of the condominium corporation’s arsenal of governing documents must go hand in hand with efficient communication.

The Do’s and More Do’s of Setting Condo Rules
When establishing rules, define them clearly and make sure they are not punitive. Owners wish to be respected and trusted by the board and management - simple as that. The key to excellent rules is that they should be easy to follow, and more importantly, the reaction they receive should be anticipated. Antagonizing residents on hot-topic issues with rules will only fuel the fire. Property managers need to understand the environment of the condo community.

More often than not, condo corporations establish rules to compensate for poor communication in an environment of hostility toward residents. Having too many arbitrary condo rules can be detrimental and unfair to the community, and this will evaporate any confidence that the board has the best interest of all owners in mind. Conversely, not having enough condo rules – or worse yet, not enforcing them – can be equally disastrous.

Know Your Governing Legal Documents
With any rules or policy, the board and management must know the condo’s declaration and applicable bylaws. Learning about laws that may affect the proposed rule doesn’t hurt. Try not to violate an owner’s peaceful enjoyment by acts of error because you didn’t do your research.

Most rules should relate to the condo’s interests efficiently. With the aid of property managers, the board of directors often gravitates towards composing rules in a one-size-fits-all, copycat style: “If it works at other condos, it should work here as well.” This notion is simply false and leads to inflexibility in enforcement and can also invite higher levels of non-compliance from residents. Unit owners tend to resent rules they feel are a barrier to their level of enjoyment.

Practical Communication Tools as a Solution and How to Use Them
To increase the likelihood that residents buy into and support a rule, they must understand why it is in place. When property managers meet with condo directors to consider a new rule, discuss it and adjust it if necessary. One of the goals is for all residents to know condo rules, not just owners who are directly affected by them. Provide information and education on why the rule exists, why it must be enforced, and how it will improve the community.

The Fun Part: Enforcing Rules in a Condominium
Rule number one is to clearly define and repetitively communicate condo rules for the sake of effective rule enforcement. Don’t write condo rules in a general or vague way which promotes misinterpretation. Property managers sometimes rely on directors to communicate condo rules for us when it is our job to ensure owners understand what is required of them. Property managers often fail to emphasize the right positive or negative tone. Ensure residents know the consequences of not following condo rules. The consequences must be clear, and the condo corp and management must inform owners about it before sanctioning someone for breaking a rule. Condo rules are often thought of as being related to punishment, but they work best when viewed as a way to guide the growth of the condo community.

Rules must be enforceable to have any effect. If property managers don’t enforce rules, residents will assume they are meaningless and test established rules in other areas. Be consistent. It is better not to have a rule than to be inconsistent with the enforcement of a rule. Having arbitrary rules will lead to residents not caring about rules either.

To Vet or Not to Vet, That is the Question
Here comes the burning question: should the condo lawyer not go through these? To save the condo corporation a few bucks, ask senior management staff members, such as fellow property managers or administrators, to review. Be sure to review condo rules regularly because demographics and technology frequently change, meaning condo rules may also have to change. It also helps to analyze condo trends and resident behaviour. Communicating new rules and simultaneously comparing them to changes made to old ones will be most beneficial. Nowadays, condo boards and management can use various digital communication methods such as email and online community portals. However, old-school methods such as bulletin boards, town halls and even AGMs still work. Make sure your rules are reasonable, legitimate, and well-communicated.

The end result? It’s more likely that rules will be accepted, followed, and, if necessary, enforced. 

 

Bill Lang, RCM, is a Condominium Property Manager with CIE Property Management & Consulting. He enjoys expanding communication lines between condo directors, owners, professionals, and trades to accomplish various projects and major initiatives. He possesses a wealth of experience in property management and consulting. ACMO educational courses/seminars have helped Bill tremendously in achieving success in the industry. His fourth published article for CM Magazine is an honour as he is interested in assisting new industry members.
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