It’s a common bit for comedians and TV sitcoms: making fun of the ‘condo police’—those neighbors who take it upon themselves to enforce the rules set up by your condominium association or co-op corporation to regulate community living. They are sticklers for detail; Is your mailbox at the right height? Do you have contraband plantings in your flowerbeds? Are your window treatments approved in terms of both color and configuration?
Funny or not (and depending how you feel about having to get approval to repaint your shutters, it may not be), in reality, co-ops and condos have rules—lots of them—and for good reason. Successful community living requires structure. Some regulations appear in your governing documents—the bylaws, usually—while others are found in less formal documents outlining ‘house rules.’ In any event, the question is how these rules are enforced, and who does the enforcing.
Defining Rules & Regulations
Mark Hakim is an attorney specializing in co-op and condominium law with the firm of Schwartz Sladkus Reich Greenburg & Atlas, based in New York City. “The house rules in a co-op or condominium are rules and regulations promulgated by the board, and amended from time to time,” he says. “They’re intended for the general welfare of the residents of the building. They include—but are certainly not limited to—noise, pets, sublets, smoking, use of the hallways and common areas, carpeting, windows, plantings, and other quality of life matters.
“In co-ops, a breach of the house rules is generally a breach of the proprietary lease, permitting the board to treat it as such,” he continues. “In a condominium, one would need to review the bylaws to see what rights the board may have. In both, how each is drafted and whether the lease and/or bylaws permit fines will determine what the board may do, short of drastic measures.”
Hakim goes on to say that enforcement of any and all rules must be handled in a fair, nondiscriminatory way, but when reviewing the totality of the circumstances surrounding the alleged violation, “The board does have leeway—known as the Business Judgment Rule—in determining when and how to enforce.”