What makes a rule enforceable? An enforceable rule meets the requirements of the law and governing documents. What makes an enforceable rule a good rule? A good rule meets the needs and requirements of the community. When writing rules, boards should make sure the rules are both enforceable and “good”. In general, courts recognize theGo to Resource
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Commercial Vehicles. If it Walks Like a Duck . . .
Declarations for most associations typically contain parking restrictions and most restrict commercial vehicles from parking within the community. Some associations have rules which contain parking restrictions of this nature as well. However, the majority of commercial vehicle restrictions do not define what is meant by “commercial” vehicle. A dictionary definition could be a vehicle usedGo to Resource
Cigarettes and Condominiums – What’s A Board To Do?
Zack’s downstairs neighbor, Ellen, has had another bad day at her stressful job as a mortgage processor. Although Zack hasn’t actually spoken with Ellen since she’s come home from work, he knows that she is not happy. How does he know this? Because Ellen only smokes when very frustrated and his luxury condominium now smellsGo to Resource
Avoiding Common Covenant Enforcement Defenses
At one time or another, most associations are faced with the necessity of taking an owner to court to enforce restrictive covenants. The law in Colorado is that restrictive covenants must be enforced by the courts as written and the usual method of judicial enforcement is to request that the court issue an injunction. AnGo to Resource
10 Vital Components for Architectural Review Forms
A major objective of the architectural review process is to have in place guidelines and procedures that are perceived by homeowners to be fair and reasonable. After all, if owners perceive the process as fair, they are much more likely to voluntarily comply with those guidelines and procedures. The use of forms can and shouldGo to Resource