| The board has authority
to adopt reasonable rules and regulations with respect to matters related
to its purposes and the operation and use of the property. The best rules
and regulations are those which invite voluntary compliance. For this
reason, the rules should be kept brief and easy to read, and they should
be limited to actual problems and issues that have arisen in the operation
of the association. If parking is not a problem at your association,
then there certainly is no need to pass rules and regulations to govern
it. Since rules and regulations are a legal document, the board would
be well advised to have an attorney review them and to suggest revisions
in the language and approach of the rules. Any rule must be stated with
precision and use mandatory language. A rule that is not legally enforceable
has no value.
To adopt or amend rules and regulations, the board must call a meeting of the unit owners for the purpose of discussing the proposed rules and regulations. Each unit owner should receive notice of the meeting including the full text of the proposed rules and regulations. No quorum is required at the meeting of the unit owners unless the governing documents of the association require it. At the meeting, the unit owners do not have the power to vote to accept or deny the rules and regulations. The owners only have the right to discuss them. After the meeting (or at the end of the meeting) to discuss the proposed rules, the board may adopt the rules and regulations. In practice, this system is very effective because most boards will not adopt rules and regulations against the wishes of the unit owners, and almost always they amend or delete some portion of proposed rules in response to objections raised by the membership. The Condominium Property Act states that no rule or regulation may impair any rights guaranteed by the First Amendment to the Constitution of the United States or Section 4 of Article I of the Illinois Constitution. Although it would be impossible for an association to violate first amendment rights (since it is not a governmental agency) the general understanding of this provision is that rules and regulations may not impair free speech or prevent political activity within the association. Rules and regulations also may not conflict with the provisions of the Condominium Property Act or the association's governing documents. The rules must be reasonably related to the genuine and legitimate purposes of the association and they must be fairly and uniformly applied to the unit owners. |
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