Governing Documents: Our “Rules and Regulations”

"Rules and Regulations" means those rules adopted from time to time by the Board of Directors pertaining to the operation or use of the Units or Common Elements. (See definition (y) near the end of Article I of our Bylaws, which you can view at this link: http://www.marketstreetattowncenter.com/docs/BylawsV4.PDF Also, please see Section 3 of Article XI (on page 57) for a great summary of useful information about our Rules and Regulations.)

Such Rules and Regulations--properly established by our Board of Directors acting as a body--are enforceable in the same way Bylaws and the Declaration are enforceable. The policy document at the following link describes the enforcement procedures:  http://www.marketstreetattowncenter.com/docs/policy/Policy_01-06.pdf
Rules, guidelines, plans, requests, handbooks, etc. NOT adopted by our Board of Directors aren't "Rules and Regulations" as defined in our bylaws and therefore aren’t enforceable by our Board or management.

I believe that unit owners and tenants should clearly understand what is--and what isn’t--a legally enforceable “Rule” or “Regulation” as defined in the first sentence of this posting. If a so-called “policy” or “guideline” or “handbook” or “plan” is duly adopted by our Board of Directors, it probably doesn’t matter that it isn’t specifically called “Rules and Regulations”--I am unsure. But I am quite sure that purported rules, guidelines, handbooks, plans, etc. NOT adopted by our Board of Directors are unenforceable. Unenforceable restrictions or requirements shouldn’t be foisted upon residents and unit owners as duly enacted “Rules and Regulations”.

But since I would like to see the number of enforceable “Rules and Regulations” kept to a minimum, I am okay with suggesting behavior that will make life more pleasant for all of us if these two conditions apply: (a) It is not implied that the suggested behaviors are official “Rules and Regulations” that the Association can enforce with penalties, and (b) Approval of the Board of Directors is obtained before the suggested behaviors are posted in common elements or promulgated to unit owners and residents.