Maintaining Harmony: Best Practices For Enforcing Community Rules And Covenants

If done well, enforcement fosters harmony and neighborly behavior within the community. However, to be done well, enforcement of the Covenants must be carried out in a legally sound, fair, and consistent manner. Below are best practices to help community associations effectively and reasonably enforce their governing documents while ensuring compliance with legal requirements and maintaining positive relationships with residents.

Understanding the Difference: Rules vs. Covenants

Before delving into enforcement strategies, it is crucial to distinguish between rules and Covenants. Covenants are recorded restrictions that run with the land. They generally cover long-term property use restrictions and architectural standards. In contrast, rules are policies adopted by the Board of Directors to most commonly address the use of common areas, such as amenities. In some cases, if authorized by the Covenants, the rules may also govern the use of lots or condominium units.