Rulemaking "On the Fly"

Question: Our board makes rules “on the fly” and we don’t know about them until someone violates them. Some seem arbitrary and capricious. We never know when to expect the latest.


Answer: You have the right to know what the rules are. The board does not have the authority to make rules on the fly. If they are not formally enacted rules, you can ignore them as you can’t adhere to what you know nothing about. Inform the board in writing to that effect.


Rules need to be reasonable, necessary and in keeping with the governing documents. And the board needs to follow an orderly process for enacting any rule. All rules should include preview and input from all owners. While owner review is not mandatory, it’s well advised to prevent owner resistance that is bound to happen when they are not included in the process. The board that does not follow these guidelines is buying into trouble.


Used with permission from Richard Thompson of


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