Maintaining Harmony: Best Practices for Enforcing Community Rules and Covenants

One of the most important roles a community association serves is garnering resident compliance for both community rules and declarations of covenants, conditions and restrictions ("Covenants").

If done well, enforcement fosters harmony and neighborly behavior within the community. However, to be done well, enforcement of the Covenants must be carried out in a legally sound, fair, and consistent manner. Below are best practices to help community associations effectively and reasonably enforce their governing documents while ensuring compliance with legal requirements and maintaining positive relationships with residents.

Understanding the Difference: Rules vs. Covenants

Before delving into enforcement strategies, it is crucial to distinguish between rules and Covenants. Covenants are recorded restrictions that run with the land. They generally cover long-term property use restrictions and architectural standards. In contrast, rules are policies adopted by the Board of Directors to most commonly address the use of common areas, such as amenities. In some cases, if authorized by the Covenants, the rules may also govern the use of lots or condominium units. While both require enforcement, rules must be consistent with the authority granted by the Covenants and applicable law. Boards should avoid adopting rules that are inconsistent with the association's governing documents and federal, state, and local law.

Best Practices for Enforcing Rules and Covenants

1. Know the Governing Documents
   The Board and managing company must have a clear understanding of its governing documents, including the Covenants, Bylaws, and any applicable statutes that govern enforcement authority. This puts the Board in a position to help the residents also understand the governing documents.
2. Communicate Expectations Clearly
   Ensuring residents are aware of the community’s rules and Covenants can prevent unintentional violations. Regular communication through newsletters, welcome packets, and online portals can help educate owners (who, in turn, can educate their tenants or guests). Once new rules are adopted, they should be widely distributed to the residents using the association’s regular communication channels. Clear communication helps promote compliance by managing expectations.
3. Adopt Rules to Serve Legitimate Community Needs
   Rules should reflect the interests of the community and not be overly restrictive or arbitrary. They should balance the rights of individuals with the collective requirements of the association's governing documents.
4. Follow a Consistent Enforcement Process
   The Board of Directors or adjudicatory panel should follow a consistent enforcement process that has been shared with the members. More information regarding the enforcement process can be found here: Navigating the Homefront: A Guide to Handling Violations in Community Associations - Ward and Smith, P.A.
5. Enforce Through Legal Action When Necessary
   If voluntary compliance is not achieved, the association may need to pursue legal remedies, such as seeking an injunction or filing a lawsuit. However, litigation should be used only as a last resort.

Conclusion

Effective enforcement of community rules and Covenants is essential to preserving the character and stability of community associations. By following these best practices—grounded in legal authority, transparency, due process, and fairness—associations will garner compliance while maintaining positive relationships with residents. A well-run community association upholds the integrity of the community as a whole and reduces the risk of disputes and legal challenges.

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This article is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.

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