Residential Estate Industry Journal | Page 57

THE LEGAL FRAMEWORK to provide for the comfort and safety of PAGE 57 Enforceability Estate manager liability residents, the equitable use and enjoyment The board must have the authority to enforce of facilities, and the equitable burden of a rule before drafting it and can then make responsibility in a community. the rule specific. Vague statements such as ‘loud and boisterous activity should be Positivity avoided’ leave questions about whom, where Residents must understand and appreciate the and when these sounds should be avoided. need for the rule and comply with it voluntarily Both mini-bikes and lawn mowers are loud, for and neither the board nor the manager is in example, so should they both be restricted? a position to police the community. Does noise from late Saturday night parties create the same problems as noise from Efficiency a Sunday afternoon wedding reception or Good rules accomplish exactly what the board barbecue? intended them to accomplish. Unfortunately, some associations try to solve a problem by Whilst passing rules that are either too harsh or too unambiguously drafted rule, overly specific broad. Such rules may set off a number of rules can also create enforcement problems. chain reactions, including situations in which: For example, a particular association might · Residents ignore the rule and find the board autocratic or dictatorial. · is important to create an choose to institute a rule that states: ‘between the hours of 10pm and 7am, no noise shall be permitted in a unit that measures 30 The board complains that residents are apathetic and ungrateful. · Residents ignore other rules. · The newsletter adopts a scolding tone. · Residents complain about the board to decibels or greater for more than 10 seconds in the nearest adjacent unit or public area’. Though specific in nature and easy to enforce in court, the board, however, might find it the manager. ·Residents it difficult to obtain voluntary compliance. To write an effective rule, the board must balance complain that rules are not specificity with simplicity and obedience. No uniformly enforced. rule will meet each criterion equally. No side effects Flexible Good rules resolve, rather than create, reasonable particular association might be concerned judgment and mediation in about teenagers damaging lawn areas when the problem, the board might choose to industry. Even though the members approve the rules, generally, it is the estate manager who applies the rules, informs individuals of a breach via letter and imposes the penalty. It is a common occurrence for a rule and the purpose of the rule to be lost in translation – by the time letters are sent, ‘trial by email’ has taken place and angry, open letters have been written, the issue lands up on the agenda at a board meeting and finishes with letters from lawyers…. The message of the rule and the notice that the rule has been breached, coupled with an explanation of the purpose of the rule penalty, is extremely important. In the majority enforcement. they play ball games. In an attempt to resolve This interesting quote resonates with our and the approach of the person applying the Good rules allow flexibility and the use of problems. For example, the board of a “10% of world conflict happens as a result of what people do and say, and 90% because of how people do and say things.” Source unknown. Communication to residents Associations do not always publicise rules prohibit groups of three or more peop