Unless there is a specific
limitation on the board’s authority to make rules, such as requiring the rules
to be “reasonable,” boards are generally given a high degree of deference in
the rules they create. If the board is
acting in good faith, courts will tend not to second-guess them. Furthermore,
these rules are usually binding without the consent or approval of the owners.
There is, however, one strong
limitation on the authority of boards to make House Rules. The board cannot attempt to modify the
contractual rights of apartment owners through the promulgation of rules. House rules cannot change, amend, or
contradict what is contained in the by-laws, proprietary lease of a co-op, or
condominium declaration.
So if you find yourself
asking, “Can they make that rule?” The answer is they probably can.
