Prior to adopting a Rule and Regulation, the board must have the authority to do so. Boards should pay special attention when establishing and adopting rules and regulations concerning unit or property use. All rules must be reasonable and tie in some manner to the safety, health and welfare of all community members.
Boards should NOT enforce the rules in an arbitrary manner.
Generally, rules made by an Association are subject to a three (3) pronged test for enforceability, to wit:
1. The Board of Directors must have authority to promulgate the rule (authority granted by the Declaration of Condominium or other governing documents);
2. The rule cannot conflict with any of the rights conferred by any of the documents of higher priority, whether those rights are expressly stated or reasonably inferable; and
3. The rule must be reasonable (explained as rationally related to a legitimate objective of the Association).