Document Members’ Receipt of House Rules
When enforcing your community association's house rules, you've probably heard members claim they weren't aware that they were in violation because they never received a copy of the house rules in the first place. This could lead to a sticky situation if a member's violation has damaged common areas or other members' units, but the member claims that he's not liable because, without a copy of the house rules, he had no way of knowing that his behavior was prohibited. And if you can't prove that you gave a copy of the house rules to the member, it may turn into a he-said/she-said battle.
To avoid this argument and ensure that the member won't be able to claim that it's your responsibility to remedy the damage he caused, require all members to sign a form stating that they've received a copy of the house rules when you distribute them. Also, require members who rent their units to acknowledge that they've received the rules and will give copies to their tenants.
For more tips on how you can help members emphasize to their rental tenants that association members rely on each other to cooperate and follow the association’s rules, see “Help Members Inform Renters About Facts of Association Life,” available to subscribers here.
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