Community E-ssentials

October 2002 Orten & Hindman, P.C.   Volume 1 Issue 11  
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CONTENTS
Achieving Voluntary Compliance with Rules
Chapter 13 Bankruptcies - Making Sure Your Association Gets Its Money
Analysis of Governing Documents: A Step By Step Process
Insurance Companies Dropping Coverage for Toxic Mold
Building Code Website
Achieving Voluntary Compliance with Rules
Seeing that all residents comply with the rules is vital to the integrity of an association and has a direct impact on preserving restrictions.  Achieving voluntary compliance should always be the goal of any procedure or rule an association uses.  The following are some common-sense approaches to voluntary compliance.
 
Educate and notify.  Encourage residents to comply by educating them about rules and by giving sufficient notice of the effective date of each rule. Use newsletters, website, email, kiosks and mailings to accomplish this.
 
Gain consensus.  Take steps to build community consensus to support the rule. Hold a Q&A or town forum meeting so residents feel they have had real input into the rule(s).
 
Review rules periodically.  Review your rules from time to time, and eliminate or amend them when situations and circumstances change.
 
Act promptly.  Once you’re aware that a resident isn’t complying with a rule, take action as soon as possible. Failing to act promptly may result in a loss of confidence in the association for some residents or breed an air of permissiveness.  Also, the association may lose its right to take action later if violations are allowed to go on too long.
 
Be reasonable with rules and consequences.  The rule itself and the consequences for violation must be reasonable – in the opinion of both the community and the courts.  Make sure the consequences fit the situation.  Don’t use a bazooka when a fly swatter will do.
 
Give residents ample opportunity to comply.  Allow a reasonable time to fix the conduct or condition. Giving an owner 7 days to paint his house or remove his extra dog is not reasonable and will not promote voluntary compliance.
 
Provide clear information and guidelines on the rule.  The rule must clearly state, in terms understandable to the resident, the behavior that is expected.
 
Be consistent and uniform.  Rules must be applied uniformly and consistently.  In other words, the rule must be applied the same way with all residents – taking into account relevant facts that may make circumstances different.
 
Be flexible.  Consistency will be your undoing if you don’t allow appropriate and reasonable exceptions when justified or appropriate.

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Published by Orten & Hindman, P.C.
Copyright © 2002 Orten & Hindman, P.C.. All rights reserved.
These materials have been prepared by Orten & Hindman, P.C. for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Please do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact Tom Hindman, Jerry Orten or Loura Sanchez.
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