House rules of cooperative housing corporations and condominiums are usually attached to and derived from the co-op’s proprietary lease or condominium bylaws, and they regulate the conduct of apartment occupants, their guests and invitees within and immediately adjacent to the building. Such rules generally restrict conduct which, although not prohibited by law, would interfere with the comfortable occupancy or rights of other apartment owners or detract from the quality of life within the community.1 House rules frequently pertain to pets, installation of appliances, use of common areas, garbage disposal, noise, parties, odors and smoking.2
This column, the first of two dealing with house rules,3 examines case law dealing with a board’s scope of authority in promulgating house rules. This column also provides guidance to boards and managers for adopting or amending house rules as well as the permitted subject matter of board-enacted house rules.
Board Authority
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