Condominium associations help manage a property for the comfort of its owners. They also help ensure compliance with community rules. As living standards and social habits change, the rules for condominium associations must change as well. Outdated rules can become a source of conflict between property owners and the board. They can also lead to disagreements between neighboring unit owners spiraling out of control.
When can a condominium association update community rules?
Rule updates can occur as necessary
The community’s bylaws and state statutes dictate what changes condominium boards can make to current rules for the community. Generally speaking, rules regarding the conduct of individual owners are subject to changes and expansions as deemed necessary by the board members.
Provided that board members follow the appropriate procedure for introducing rule updates and voting on them, the board can theoretically change community rules at any point. However, the bylaws governing the board itself are subject to different rules.
Generally speaking, changes to the bylaws for the community must undergo thorough review from individual owners and must pass with a two-thirds majority. All unit owners, not just board members, typically vote on bylaw amendments.
It is important to note that revisions to the rules for unit owners generally are not retroactive. The board cannot change rules and then seek to enforce new rules by holding property owners accountable for any prior conduct.
Board members proposing changes to community rules or facility bylaws may need assistance as they navigate what can be a complicated process. Consulting with a legal professional can prevent mistakes that could undermine the condo board’s authority or the attractiveness of the condominium units to new buyers.