The typical declaration and bylaws for most associations are generally deficient in providing specific information about the requirements of day-to-day living at the property. Further, since the declaration and bylaws usually require a 2/3 or 3/4 majority to approve any amendments, it is not practical to incorporate laundry room hours, garbage pickups, pool rules, etc., when modifications are so difficult and cumbersome to achieve and may change frequently.

Therefore, most associations governing documents (and, in some instances, statutory authority) authorize a board of directors to adopt reasonable rules and regulations. The rules and regulations are a significant source of authority for the board because they are the “living and breathing” document that governs the day-to-day operations of any association. The rules and regulations should squeeze between the lines of the declaration and bylaws and have the same force and effect as these governing documents.

Although a developer may use an identical set of declarations and bylaws for more than one property, this cannot be said for rules and regulations, since no two developments are alike in the way they are administered.


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