As much as we might not like to admit it at times, condo associations have rules and regulations in place for a reason. Mostly, they are for community safety and structure.
If you find yourself questioning whether your condo owners association (COA) has the authority to regulate a certain item or action, check its governing documents and bylaws, as well as your state and local laws. Whether you are a homeowner or a board member, it is important to understand the ins and outs of CC&Rs, bylaws, and rules.
CC&Rs
To get this guide started, it is important to understand what is in place that gives the COA the power to act in the first place; this begins and ends with the CC&Rs. The Declaration of Covenants, Conditions and Restrictions (CC&Rs) dictate the rules or restrictions the owners of the property must follow in all condominium associations (COAs), homeowners associations (HOAs), property owners associations, and community associations. The CC&Rs are said to “run with the land,” meaning that the restrictions for the property are in place no matter who owns the property.
The Declaration of Covenants, Conditions and Restrictions often include specific guidelines for such items as noise, pets, parking, vehicle storage, and general nuisances.
The CC&Rs also list in detail the association’s covenant for assessments. This covenant gives the association the right to charge dues to each of its members and lists the consequences for non-payment. Oftentimes, the COA can enforce these rules through their HOA management company. The guidelines for establishing and executing the Architectural Control Committee (ACC) are also included in the CC&Rs. All of these items are vital to an association and ensure that the association is always maintained and well-kept by your HOA management company and Board of Directors.
When an individual purchases a condo in a community with a mandatory condominium association, they must sign documents that state that they have been told that the property they are purchasing has rules and restrictions. It is important to read through the CC&Rs and be aware of all the rules of the community before purchasing a condo in a mandatory COA.
The ARC/ACC
Now, while the CC&Rs provide the outline for how the community is run, it is The Architectural Review Committee (ARC) or Architectural Control Committee (ACC) that is responsible for ensuring that any changes to the exterior or interior of the condos conform to the standards set by the governing documents, such as the CC&Rs and bylaws, making them one of the most important committees established in any COA. They also ensure that no exterior modifications will be approved that will negatively impact the appearance of the community and no interior modifications are approved that will affect the structural integrity of the building. In other words, if a community member wishes to, say, change their floor plan, and your CC&Rs have a provision giving the board and ARC/ACC control over such an action, it is the ARC/ACC who will approve or deny said structural improvement. Your HOA management company’s responsibilities include assisting your community with ARCs/ACCs.
As board members and even HOA management companies change over the years, it is vital to have the ability to review alterations, as well as have a modicum of control over these improvements so the community can continue to aspire to the image its residents desire.
If alterations to a condo occur without COA approval, the board needs to take appropriate action to follow up, and a hearing could possibly be conducted. These kinds of regulatory procedures not only help to preserve order in the community, but allow the freedom for reasonable modifications to the condos.
The Powers of the Board and ARC/ACC
As you can see, the powers of these two governing bodies are far reaching and quite substantial, but just how far do they go? Fortunately for board members—and unfortunately for condo owners, in some cases—these powers go as far as the CC&Rs allow; in other words, they are almost limitless when it comes to the appearance of the community.
Many of the rules that you will see outlined in the CC&Rs for condos, that the Board of Directors has the power to enforce, have to do with rental and leasing restrictions. The CC&Rs may list general rules for the number of rental units allowed within a community, minimum lease terms, and limits on ownership of units.
Specific guidelines about what types of vehicles can be stored on the property are also often addressed in the CC&Rs. Boats, trailers, broken down vehicles, tractors, or other recreational vehicles that are parked in the community are unsightly and can ruin property values over time.
Other rules may have to do with the care, noise level, and overall maintenance of pets. The CC&Rs normally limit the breeds, number (generally two pets), and weight of pets that can be kept in a unit. Also, most CC&Rs mention that animals must be confined to the owner’s lot or on a leash at all times.
Common Areas
While the common areas of condominium are all jointly owned by unit owners, they are maintained by the COA. These areas include elevators, hallways, lobbies, and amenities such as pools and fitness centers. Common areas for condominiums also include exteriors of buildings such as roofs, windows, exterior walls, and balconies. These areas are of the utmost importance for any COA, as they are where your association members will spend time in and share together. That is why it is necessary to keep common areas maintained and encourage members to do the same.
Your association members may be confused as to what exactly is considered a common area. In order to ensure that everyone is on the same page, define for your members what a common area is. Common areas consist of stairwells, hallways, laundry rooms, lobbies, basement and roof areas, courtyards, pathways, lawns, and any areas with community amenities, such as fitness centers, pools, and sport courts.
Once you have made certain that there is no ambiguity over which areas constitute common areas, implement rules against leaving trash, personal belongings, and/or laundry in those areas. Whether it is a bike attached to a railing or a bushel of children’s toys scattered across a lawn, having these items in the common areas can not only make it difficult for all residents to enjoy the area, but hazardous to other members of the community.
Common area rules should also cover nuisances in your community common areas. Nuisances include loud noises, inappropriate clothing, anti-social behavior, running, riding skateboards or bikes in the street, and playing music without wearing headphones.
It’s also important to notify members that they are also responsible for the actions of their tenants and guests. If a tenant or guest of a member violates the common area rules, the member will be held accountable for those actions. Often, condo associations will even require renters to sign that they must uphold all COA rules or risk being evicted from the condo.
Managing the Playground
Playgrounds, like common areas, are yet another part of the community which the Board often has power over. Playgrounds can be a hazard, especially if children are unsupervised or if the equipment is not properly used or maintained. If injuries occur, it’s important for the association to be protected against any liability.
Although your association is responsible for the basic upkeep of playground equipment, COAs are not generally responsible for supervising children at the playground. Through the playground rules, ensure parents are aware that they should be supervising their children at all times. Inform members that they must ensure that their children use the playground equipment as intended to reduce the risk of injury and to also prohibit children from rough play, shoving, and fighting on the playground, as well as throwing rocks, sand or other objects.
It is also a good idea to set reasonable hours for playground use, such as 8:00 a.m. until dusk or other times that correspond with daylight. Most community managers will suggest closing the playground area during stormy weather because playground equipment can be slippery when wet, increasing the potential for accidents.
If your community’s playground has an asphalt or blacktop surface, it’s best to not let children roller-skate, in-line skate, skateboard or ride bicycles in the playground. These items could cause injury for which the association may be held liable.
Although your association is not required to supervise children at the common area playgrounds, your COA is responsible for making sure that the equipment is safe and follows the consumer product safety guides. It’s important to regularly review the equipment and call in a vendor to perform an inspection and make repairs as necessary.
Know the Rules, Improve your Community
When all community and board members understand the governing documents, rules, and restrictions of your association, it is much easier for everyone to follow those regulations.
For help managing your community, contact Kiwi Condo Management today and see why our COA management services are top rated.
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