Board authority to enact or amend house rules would have little significance without the ability to enforce those rules. When the proprietary lease or bylaws grant a board power to enact house rules, courts will recognize the board’s implicit authority to enforce them. However, enforcement methods must be derived from the co-op or condominium’s governing documents. Boards, when authorized to do so by such documents, have successfully enforced house rules by methods ranging from monetary fines to termination of the proprietary lease.
This column, the second of two columns dealing with house rules,1 analyzes case law dealing with board authority to enforce house rules and when boards will be prevented from enforcing such rules. This column also discusses various methods boards have implemented to enforce house rules and offers suggestions for steps that boards and managers can take to preserve the right to enforce house rules.
Board Authority
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