Adams Stirling PLC


< < Previous . . LEGAL SERVICES . . Next > >

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.)

  • 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).)

  • 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:

We also look at formatting issues to make it easier to cite rules infractions for enforcement proceedings.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC