Every unit owner must follow the condo association rules. These rules exist to maintain order and standards, ensuring that property values are protected in the long term. Board members, on the other hand, must enforce these rules in a consistent manner.
What are Condo Association Rules?
Condominium associations function under a set of governing documents. These documents establish the rules, standards, and operating procedures of the community.
Unit owners are obligated to adhere to the condo association policies. They agree to fulfill this obligation when they first join the association. Violating the rules can result in a number of potential consequences, from monetary penalties to legal action.
Condo Association Bylaws vs Condo HOA Rules
Rules differ from the bylaws for condos. The condo’s bylaws govern the operation and structure of the association. They regulate board meetings, elections, terms of office, voting rights, and similar topics. The bylaws have more to do with the management of the COA.
In contrast, condo rules govern the behavior of residents. They are more about what unit owners can and can’t do, as well as what options the COA has in terms of enforcement.
Most Common Condo Association Rules and Regulations
Specific condominium association rules can vary from one community to another. That said, some rules are more common than others.
1. Architectural Standards
Condominiums typically have architectural standards that unit owners must follow. These rules govern what exterior changes owners can make and may also require them to go through an approval process. Some rules can also apply to the unit interiors.
Architectural guidelines serve an important role in maintaining aesthetics and character. Condominiums rely heavily on a uniform appearance to boost curb appeal and protect property values. For this reason, if a unit owner wishes to make an improvement or modification, they must go through the Architectural Review Committee or the COA board.
2. Noise Rules
Residents have a right to enjoy their homes in peace. Unfortunately, living in such close proximity to neighbors, this isn’t always possible. Enter noise rules.
Most condo associations have noise restrictions that prohibit sounds over a certain decibel level. Quiet hours are also typically imposed, wherein residents can’t make loud noises during certain times of the day.
3. Pet Restrictions
Many condo associations have pet restrictions, even going so far as to prohibit pets altogether. Residents may be able to keep pets, but with certain limitations, such as the number, type, or breed.
It is normal for COAs to regulate pet ownership, as sharing walls and hallways typically allows sound and odors to carry through units. Pet owners often have to register their pets, pick up after them, and ensure they are properly leashed or caged when in common spaces.
It is important to remember that service animals and emotional support animals are the exception. Owners are generally allowed to keep ESAs and SAs even if the condo has a no-pets policy.
4. Maintenance Rules
In condominiums, unit owners also have maintenance responsibilities. Association rules typically require owners to care for their units by performing routine maintenance and conducting repairs when necessary.
Of course, maintenance obligations can get blurry between the unit owner and the association. The condo is generally responsible for all common structures and elements, while owners must take care of their unit interiors. As for balconies and windows, it is best to confirm responsibility by checking the governing documents.
5. Rental Restrictions
Rental restrictions are another one of the most common condo association rules. Many COAs prohibit owners from renting out their units to preserve the character of the community.
Renters, especially short-term ones, tend to have a negative impact on the association. There’s a perception that condos with a lot of renters are less safe or secure. Associations also have a harder time, in general, to secure favorable insurance or loan terms if they have a high renter population.
Some communities don’t place a blanket prohibition on rentals but impose limitations instead. For example, a COA could cap rentals to a certain number or percentage. Many also allow long-term rentals over short-term ones.
6. Parking Rules
Condo associations usually have limited space for parking. For this reason, many adopt rules to regulate parking and vehicle ownership. For example, guests may only be allowed to park in certain places and during certain hours. Abandoned vehicles may also get towed.
7. Property Use Restrictions
Many condo associations prohibit owners from turning their units into commercial spaces or businesses. In addition to zoning problems, commercial-use of units can interfere with the personality and overall aesthetics of the association.
8. Holiday Decoration Rules
Unit owners are free to decorate their units, but most COAs limit decorations to a particular timeframe. For example, a condo may only allow decorations from two weeks before the holiday to one week after. If the owner goes beyond that window, they can face penalties.
Additionally, many associations outline what types of decorations are allowed and what types aren’t. More often than not, unit owners can’t display anything offensive or vulgar.
9. Common Area Rules
Residents have full access to amenities, facilities, and other common areas, but that doesn’t mean there aren’t rules to follow. Amenities usually adhere to operating hours, and residents must use these spaces with respect. Other common rules include no littering, no smoking, and no roughhousing.
What Happens When Owners Break Condo Rules and Regulations?
As part of their obligations, residents must abide by the condo association rules. If they violate the rules, they can face a number of potential consequences, including but not limited to:
- Violation Notice. Most offenses begin with a violation notice. This notice outlines the alleged violation, an opportunity to cure the violation, and what may follow if the owner doesn’t remedy the violation.
- Fines. According to 765 ILCS 605/18.4, condo associations may levy reasonable fines for violations of the rules, after notice and an opportunity to be heard.
- Suspension of Privileges. Depending on the governing documents, a COA may be able to temporarily suspend an owner’s privileges if they break the rules. These include revoking voting rights and access to amenities.
- Legal Action. In more extreme cases, the association may file a lawsuit against the owner to force them to comply with the rules.
A Valuable Tool
Condo association rules serve an important purpose in the grand scheme of things. Unit owners may not always agree with them, but they do help protect curb appeal and long-term investments.
Forth Group provides condo management services to communities in Chicago and the surrounding areas. Call us today at (312) 379-0400 or contact us online to get started!
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