Article from Community E-ssentials ()
November 11, 2002
Renovating Existing Rules
Why is it so important to have "reasonable" rules? There may be a number of answers to that question, but the best answer is that reason fosters community. Sure, if a rule is reasonable, residents are more likely to comply with that rule. And a court is more likely to enforce a reasonable rule. But, a better argument is that a reasonable rule protects and preserves relationships among owners. Determining whether a rule is reasonable is somewhat intuitive. You know it when you see it. Here are ten questions to ask when you review an existing rule to make sure it's reasonable.
 
1.  Does the rule make sense?
2.  Is this the least restrictive way to handle the issue?
3.  Is the rule still needed?
4.  Does the rule address a current problem?
5.  Is the rule acceptable to residents?
6.  Is compliance relatively easy? Is it possible?
7.  Is the rule getting the results you want?
8.  Is the rule creating new problems?
9.   Is the rule enforceable?
10. Is the rule legal?
 
If the answer to all of these questions is yes, keep your rule. If the answer is no to one or more, maybe it's time to consider an amendment. If the answer is no to a majority of the questions on the checklist, it might be time to consider rescinding the rule altogether.
 
For all of these reasons, it is important to test your own rules to make sure that they are reasonable. You may want to consider giving your rules an annual checkup. What may have been reasonable at the time it was adopted may now be obsolete. Times change, and rules need to change with them.
 
Cleaning house isn't so hard. Just break it down into three tasks:
 
1.  Accept that covenants may become obsolete.
2.  Adopt rules that are in line with the new law and regulations.
3.  Rescind rules that no longer comply with new or changed laws.

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