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RULES & REGULATIONS
Required Rules. Rules and regulations are adopted by boards of directors as a means to establish orderly and peaceful relations between residents and their use of the common areas. By statute, associations are required to adopt and publish to the membership the following rules and regulations:
- Architectural Application. Associations must adopt written procedures for reviewing architectural applications. (Civ. Code § 4765.)
- Assessment Collection Policy. Associations must adopt and annually distribute their collection policies. (Civ. Code § 5310.)
- Dispute Resolution Policy. Associations must provide a "fair, reasonable and expeditious" procedure for resolving disputes between the association and its members without charging a fee to the member participating in the process. (Civ. Code § 5910.)
- Anti-Harassment Policy. Boards are required to address members' claims of harassment on the basis of race, color, religion, national origin, sex, familial status, and disability. This includes harassment by other residents, board members, managers, and vendors. The law requires that boards take prompt steps to investigate and end harassment.
- Election Rules. All associations are required to adopt election rules that comply with Civil Code § 5105.
- Fine Policy. Associations must adopt and distribute to each member, in the annual policy statement describing the association’s discipline policy, if any, including any schedule of penalties for violations of the governing documents. (Civ. Code § 5310(a)(8).)
- Membership List Policy. For all associations which communicate or intend to communicate with members by email. Members' email addresses, which are officially made available to an association, must be added to the membership list information. (Civ. Code § 5200.) Provisions in the policy can allow members to opt out.
- ADU Policy. For all associations with garages or 500 square feet or more of space in which an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) could be constructed. Associations can no longer prohibit ADUs and JADUs. An ADU policy can impose reasonable restrictions.
- Elevated Structures Inspection Policy. For all condominium projects with exterior balconies and other elevated structures.
- Electric Vehicle Charging Station Policy. For associations with common area parking in which an owner might wish to install an electric vehicle charging station.
- Solar Panels Policy. Sets forth requirements for individual owners’ installation of solar energy systems. This is especially important where the association is responsible for maintaining, repairing, and replacing roofs.
- Disability Accommodation Request Policy. Includes procedures for handling disability accommodation requests.
- OPTIONAL Rules. The following kinds of rules are optional but common in most associations: parking, pets, swimming, clubhouse usage, nuisance noise, etc. Care must be taken in the drafting of rules that they not be discriminatory.
Review of Rules. In addition to preparing rules and regulations, ADAMS|STIRLING can review an association's existing rules to:
- remove illegal, discriminatory, and unenforceable provisions
- suggest provisions for smoother operation of the association
- update penalty provisions for continuing violations and suspension of privileges
- add due process procedures
- create a maintenance chart
CONTACT US for a proposal. |
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