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September 15, 2014

Condominium Rules

A condominium corporation’s rules, unlike its declaration, must be reasonable. As a general rule of thumb, a rule is most likely to be reasonable if it is no more restrictive than would be necessary to satisfactorily address the problem at hand.

Furthermore, when enforcing the condominium corporation’s rules, the board of directors’ duty is to take “all reasonable steps”, which implicitly acknowledges that there may be rare situations in a condominium where the enforcement of a particular rule is impractical or runs afoul of some other law or authority. Despite these rare situations, condominium corporations must be diligent to avoid liability for failing to enforce their own rules in situations where it is clear that enforcements steps are required, but have not been taken.

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