Community E-ssentials

November 2002 ISSUE 12   Volume 1 Issue 12  
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CONTENTS
The "Ins and Outs" for a "Legal" Annual Meeting
Aging - Not In My Association
Renovating Existing Rules
O&H Helps Association Defeat Discrimination Charge
Nuisance Ordinances
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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Orten & Hindman, P.C.
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December Lunch Forum (Wheat Ridge Office): No Renters Allowed! How Far Can Leasing and Occupancy Restrictions Go? December 5

December Breakfast Forum (Fort Collins Office):  No Renters Allowed! How Far Can Leasing and Occupancy Restrictions Go? December 6

Boot Camp Part 4 (Wheat Ridge Office):  Governing Your Association Lawfully & Effectively November 14

Boot Camp Part 4 (Fort Collins Office):  Governing Your Association Lawfully & Effectively
November 21

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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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