Outline from speech:

I. Distinguish Between Rules and Restrictions

A. Rules

1. Adopted by the Board or co-owners pursuant to authority contained in the Condominium Documents

2. Not recorded

B. Restrictions

1. Contained in the Condominium Bylaws

2. Recorded Covenants

C. Hierarchy of Laws/Documents

1. Condominium Act

2. Master Deed

3. Articles of Incorporation

4. Condominium Bylaws

5. Rules and Regulations

6. Procedural Resolutions and Guidelines                             

II. Rules                                                                   

A. What is the source of rule making power?

B. Are they adopted by the Board or do they require co-owner approval?        

C. Must be reasonable.

D. Must be consistent with the Condominium Act and the Condominium Documents.

E.  Carefully observe the adoption procedure contained in the Condominium Bylaws

1. Notice to co-owners

2. Effective after 30 days

3. May be rescinded by a vote of the co-owners

F. Typical rule topics:

1. Trash pick up

2. Use of recreational facilities

3. More definitive pet restrictions

4. More definitive parking regulations

G. A well-drafted Board resolution adopting a rule should contain:

1. Description of problem

2. Legal basis for authority to act

3. Rule text

4. Sanctions

H. Typically more easily amendable than the recorded documents.

I.  Rules should be indexed and easily accessible by co-owners.

III.  Restrictions

A. Constitute covenants running with the land.

B. The law imputes knowledge to the co-owners and an agreement to comply with the restrictions.

C. Carry more weight with the Courts when seeking enforcement.

D. Most significant rules should be elevated to recorded restrictions in the Condominium Bylaws.

E. Cannot be inconsistent with the Condominium Act or the Master Deed.

IV. Enforcement

A. Optional methods

1. A suit for money damages

a. Typically commenced in District Court

b. Typically moves quickly through the Court procedure

2. Request for Injunctive Relief

a. Must be commenced in the Circuit Court

b. Preliminary and Permanent Injunction

d. Typically more time consuming than District Court

3.  Self-help

a. Exercise only after notice to co-owner

b. Must be careful not to “breach the peace”

c. Typically requires no Court action

4. Fines

a. If allowed in the Condominium Documents

b. Strictly follow the required procedure

c. May not be lienable

5. Termination of Privileges

B. Must be enforced equally, consistently and in a non-discriminatory fashion.

1. Association members in violation typically point to other members in similar violation, as a defense to the enforcement action being taken by the Association.

If there are other exceptions, they must be clearly distinguishable from the instant enforcement action.

C. Are the rules and restrictions sought to be enforced permissible in the current legal environment? e.g. absolute prohibitions against satellite dishes or TV antennas, definition of family, etc..

D. Failure to enforce in a timely fashion may result in the Association waiving its right to enforce the rules/restrictions in the future or being estopped from doing so.

V. Satellite Dishes

The FCC has prohibited the enforcement of any restriction impairing the ability of a person to install an antennae to receive direct broadcast satellite service or other various programming services that is one meter or less in diameter, and an antennae designed to receive television broadcast signals.

A. What is impairment?

1. Unreasonably delays or prevents installation, maintenance or use

2. Unreasonably increases the cost of installation, maintenance or use

3. Precludes reception of an acceptable quality signal