Rules of Community Living
Condominium and homeowners associations typically govern their communities through their CC&Rs, bylaws, and rules and regulations. Although not always the case, the CC&Rs often tackle big ticket items such as maintenance and repair obligations, damage and destruction to the units and common areas, insurance coverage, condemnation proceedings, and other such matters. The bylaws, on the other hand, deal with association governance, including the roles and responsibilities of the various board members, voting procedures, meeting scheduling, and other similar procedural issues.
The rules and regulations, however, govern the day to day life of condominium owners and homeowners living within community associations. Typically, these rules and regulations can cover a wide variety of matters, such as noise, cleanliness, pets, signage, decorations, and much more. Some associations have extensive rules and regulations, while other associations have sparse rules, or perhaps, no rules at all. However, when an association does have rules and regulations, these rules often become the most immediately impactful aspect of community association living, and owners would do well to familiarize themselves with the rules and the consequences for not abiding by them.
The benefits of a good set of rules and regulations are many. They can help to create harmonious and dependable living. Moreover, unlike with CC&Rs, they do not require recorded amendments for purposes of modification, and instead can be adopted or amended by votes in accordance with the requirements of the bylaws (or sometimes the CC&Rs). This allows for adaptability. The downside is that, by the same token, community associations can adopt, amend, or repeal rules more easily, and this can lead to instability or, sometimes, undesirable regulations when Board members and association owners act carelessly.
Interestingly, despite the pervasive impact rules and regulations can have over condominium and homeowners associations, most of the applicable statutes provide very little in the way of guidance relating to rules and regulations. For example, the Horizontal Property Regimes Act (RCW 64.32), governing condominiums that formed prior to July 1, 1990, is silent other than to say that rules and regulations may be adopted.
The Condominium Act (RCW 64.34), which applies to condominiums formed on or after July 1, 1990, but prior to July 1, 2018, is similarly sparse in its guidance, merely stating that the Board may “…in accordance with such procedures as provided in the declaration or bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule thereof adopted by the board of directors and furnished to the owners for violations of the declaration, bylaws, and rules and regulations of the association.” RCW 64.34.304(k).
RCW 64.38.020, which applies to homeowners associations formed prior to July 1, 2018, only states that a board of directors may adopt rules and regulations, and “levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association.” RCW 64.38.020(11)
As a result, many of the statutory schemes say next to nothing when it comes to rules and regulations.
However, the Washington Uniform Common Interest Ownership Act, RCW 64.90, which governs condominiums and homeowners associations formed after July 1, 2018, contains several provisions that pertain to the adoption and enforcement of Rules and Regulations. The provisions can be found in RCW 64.90.505 and RCW 64.90.510. RCW 64.90.510 outlines a series of guidelines on what rules an association may adopt relating to signs, flags, solar panels, assembly, and a few other select items. Meanwhile, RCW 64.90.505 provides, in most pertinent part, that all unit owners must be provided notice before the Board can adopt, amend, or repeal any rule, that the owners must be permitted the ability to provide comment, and that the owners must receive notice of any such adoption, amendment, or repeal, as well as a copy of any new, or newly revised, rule.
Even so, for the most part, the legislature has left community associations mostly to their own devices when it comes to adopting and enforcing rules and regulations. With the significant lack of statutory guidance, most associations will look to their CC&Rs and/or bylaws to determine how best to adopt rules and regulations. Several good general rules of thumb, however, are that the Board should: (1) provide owners with notice of the adoption, amendment, or repeal of any rules; (2) provide owners the opportunity to comment on those rules; (3) provide owners with a copy of any adopted or amended rule; and (4) only impose reasonable fines in accordance with a previously, and duly, adopted and published fine schedule.
If you need guidance with reviewing or enforcing your CC&RS, bylaws, rules and regulations, or any other governing documents, please do not hesitate to contact Beresford Booth at info@beresfordlaw.com or by phone (425) 776-4100 for assistance.