Upholding Community Association Rules

Rules and RegulationsBoard Members have a fiduciary duty to uphold the Association’s Governing Documents, including the Rules and Regulations.

However, blindly upholding the rules at all costs is not prudent either.

Below are areas where the Board should relax the rules and live to fight another day:

  1. Truck Prohibitions – People now purchase trucks as their primary passenger vehicle. Only trucks with commercial signage should be prohibited.
  2. Motorcycle Prohibitions – Many people purchase motorcycles for leisure use. Do not prohibit motorcycles.
  3. Home Businesses – Many people engage in ebay type activities from their homes. Only businesses that create excessive traffic should be prohibited.
  4. Satellite Dish Prohibitions – Federal Telecommunications Act allows dishes and Federal law will always trump Association Law. Allow standard size satellite dishes.
  5. American Flag and Political Sign Prohibitions – The First Amendment, Freedom of Speech, allows owners to display the American flag and political signs. Allow these items or risk a lawsuit from the local office of the ACLU.
  6. Structural Modifications to Allow Access- The Americans with Disabilities Act allows modifications to structures to allow use and access by disabled individuals. The term “disabled” has been broadly interpreted by the Courts.  Allow these modification requests or risk a federal lawsuit with punitive damage.

In summary, in upholding community association rules, be reasonable when approached by homeowners requesting waivers and make sure that the reasoning behind the waiver is fully documented.

Disclaimer: This content including advice provides generic information only. It is in no way a substitute for qualified legal opinion. Always consult a specialist or your own attorney for more information. Acri Community Realty does not claim responsibility for this information.
Acri Community RealtyAbout Acri Community Realty: Acri Community Realty, located in the Greater Pittsburgh Area, specializes in custom HOA and Condo property management solutions, scaled to fit your needs.

Acri is known for the great care and pride in the work done to protect and enhance the value of your investment. They have the privilege of managing a diverse portfolio of properties while caring for each and every home like it is their own.

If you’ve had any issues with your HOA or Condo that you’d like Acri to try and delve into, and possibly write about later contact us via our website at ⇒ Acri Community Realty. We are interested to hear about your experiences and how an association has helped or hurt.

Be sure to follow Acri Community Realty to stay updated and informed on issues involving association living.

ACRI 5 Stars@Yelp