Legislative Action Needed
Raymond Harrison Esq. wrote the legislation and worked to create the state condominium law in 1991 entitled “Enforcement of Declaration, Bylaws and Rules”. Condo associations operate based on the models of federal, state, and local governments. In addition to having budgets to fund services, condo associations regulate the conduct of unit owners and residents. Executive boards regulate conduct by enforcing the provisions of the declaration, bylaws, and rules of their associations. Ray was a condo association president in those days and knew from experience that a state law was needed to give executive boards clear authority to enforce while providing due process protection to unit owners subject to enforcement.
Condo Rule Enforcement is Constant
Complaints by unit owners about the conduct of other unit owners and residents is common in condo associations and always will be. Owners direct complaints to property managers and executive board members and ask for enforcement. One of the primary duties of executive board members is to enforce the provisions of their declaration, bylaws and rules. The process of enforcement is often difficult, but executive board members have the obligation to fulfill this important duty for the benefit of all unit owners. Complaints may arise from many different circumstances, but common complaints include excessive noise from domestic quarrels and parties, parking of motor vehicles and offensive odors from smoking.
How and Where to Enforce Rules
Before 1991, there was uncertainty as to the enforcement of the declaration, bylaws and rules by executive boards outside of legal action in Rhode Island Superior Courts. Enforcement by our Superior Courts is still available today but the process is expensive and can go on for years, making that approach impractical for minor or moderate enforcement matters. Ray believed that we needed a state law to give executive boards authority to conduct their own hearings in-house, without the need to go to the Superior Court or any other court. The process of handling enforcement entirely within condo associations was created by the 1991 state law that gives executive board members the tools they need to do the job.
A Clear Method of Enforcement
Prior to the 1991 state law, both the state condominium law and condominium documents contained certain general references to the authority of executive boards to enforce declarations, bylaws and rules. What resulted from this was vagueness as to the method of enforcement and uncertainty both for executive board members, property managers, and for association attorneys. Ray’s approach has always been to replace vagueness with clarity, both in our state law and in condominium documents. He wrote the legislation using clear, express language, which created authority for executive boards to conduct hearings to enforce provisions of declarations, bylaws and rules.
Due Process at Hearings
Our state rule enforcement law, RIGL 34–36.1–3.20, provides due process protection for unit owners who have complained about violations and for unit owners who have been accused of violations. Unit owners who have complained about violations must participate in and provide evidence at hearings. Unit owners who have been accused of violations must be given reasonable advance notice of hearings and have the opportunity to participate in and provide evidence at hearings. Evidence may be in the form of documents, photographs, videos and oral testimony. After all evidence has been submitted, the hearing officer announces the conclusion of the hearing. The hearing officer issues a written decision containing a determination of whether or not a violation or violations have occurred. If violations are determined to have occurred, the written decision states the fines and other costs imposed.
The Process Before Hearings
Executive boards and property managers should do everything reasonably possible to resolve rule complaints before hearings. The guiding principal here is, that reasonable rules shall be reasonably enforced. Ray has seen many provisions of declarations, bylaws, and rules that are not reasonable and not lawful. The first step in evaluating a complaint is to determine whether or not the condo document provision is reasonable and lawful. If so, the facts should be evaluated and a determination made if the alleged violation is significant enough to merit enforcement. Communication with the unit owners involved in complaints often are handled by our property managers with the goal of resolving complaints amicably. Harmony among unit owners and residents is always our objective. Executive boards should move forward with hearings if all reasonable attempts to resolve disputes have been unsuccessful and there is compelling evidence that significant violations have occurred and may continue to occur.
Our Rhode Island Legislators
We thank our State Representatives and State Senators who supported the legislation to create the rule enforcement law. Our condominium communities would not exist without laws enacted by the General Assembly. Ray has been active at the General Assembly throughout his career and has a great amount of respect and admiration for the legislators who have helped all involved with our Rhode Island condominium communities.
