Many people who live in condominiums find out that there are rules and regulations for how they live, what they can do, what their pet can do, what rental periods they can allow.
After they get fined.
So, let's look at how rules are written, who writes them and who enforces them.
Rules and regulations are the complete province of the Board of Directors. Condominium rules must be adopted in conformance with Section 18.4(h) of the ICPA. That means that the proposed text of the rules must be written by the Board, must be provided to each unit owner and must be accompanied by the notice to have a meeting to discuss the same. The owners' meeting that is to occur must not be sooner than 10, nor later than 30 days from the issuance of the notice and must be plainly set forth the meeting date on the notice along with the purpose of the meeting.
The unit owners then go to that meeting and discuss with the Board what should be enacted and what should not be enacted. The Board can choose to listen, or, they can choose to disregard your being offended at Rule #45 which imposes a fine for the display of your Ozzfest poster in the hallway, or your opposition to Rule #23 which disallows half eaten burritos being left in the vestibule; the passage of rules is completely left to the Board.
Once the Board adopts the rules and regs, they are posted for all to see and the Board must insure that a copy get into each unit owner's hands. The Board would also wise to accompany that set of rules and regs with a proposed enforcement framework so that everyone knows what types of fines fit each defense such that the rules and regs are more immune from challenge.
Enjoy your burrito.
DB...
