How to set HOA rules
When it comes to creating a friendly and inclusive HOA, setting up the rules and responsibilities of an HOA are vital. Putting the right parameters in place can help make residents in a community happy, informed, and able to live cohesively.
This is the view of Omar Kinnear, developer of ResidentPortal, a web-based, easy-to-use communications platform that is gaining considerable traction in Gauteng. Among its features is the ability for residents to access all governance documentation, including management and rules.
“This is important, because in sectional title developments, owners and trustees are compelled by the STSMA and Regulations to know the conduct rules. HOA’s don’t have the same obligation, but it is common sense that everyone should know and understand the rules,” Kinnear points out.
“When it comes to forming these rules, it’s up to the HOA board to create them, enforce them, and educate residents. The key is finding the right balance in the rules to protect the value of a community while making sure to foster a true communal feel.”
He suggests some guidelines that HOAs can use to help foster a positive community when creating rules:
Emphasise common sense
Rules should be created only if they are absolutely necessary. They shouldn’t limit the activities of residents and should have the right level of balance in protecting freedom, while also safeguarding home values and safety among residents.
Communicate clearly
The rules set up should be clear, concise and easy to follow. Complying with the rules should never be hard, and should not be open to misinterpretation. Confusion gives rise to complaints and if not properly addressed, could escalate to the CSOS or even the courts. Residents should be made fully aware of the rules so they can adapt to them.
Review the rules
The rules of an HOA should be examined at regular intervals to help keep them current with the diversity and makeup of the community. If there are any rules that need to be eliminated or revised, it would help to ask for thoughts and concerns from residents.
Take swift action
If a rule is broken, management should be sure to act promptly to limit concern or potential effect. Any residents who do cross a boundary should receive proper notice with a clear description of the consequences they will face if they persist in their behaviour or actions.
At the same time, the resident concerned must be given the opportunity to explain what they did and why. They also have a right to legal counsel should they feel they are being penalised in an unfair way, which in the worst case scenario, could lead to directors being sued in their personal capacity.
Avoid extreme rules
While having clear boundaries is important, making rules that are too strict can end up backfiring. An HOA board should resist instituting knee-jerk rules when there’s an issue at hand, and try to create and enforce rules with understanding and sympathy. The same should go for penalties that are given out to residents who do end up breaking the rules.
Rules should help, not hinder
Rules should be set in place to work for the community, not against it. If a rule ends up creating a bigger mess than intended, and pits residents against the board, then they should be reviewed and altered as needed in order to create a more liveable and understanding communal environment.
See www.residentportal.co.za to sign up for ResidentPortal’s Free version, or to find out more about its comprehensive packages.
ABOUT ResidentPortal
ResidentPortal is developed and managed by Sandton-based software consulting and development company, Business Xponent Solutions (BXS). The estate communication platform is one of the products emerging from 20 years of experience in the software industry of its founder, Omar Kinnear. One of the original developers of the SARS eFiling platform, Kinnear brings to ResidentPortal a wealth of knowledge of system performance and security.
Since 2016, more than 100 complexes are using ResidentPortal, and are benefiting from the way the full-featured Standard and Pro packages are simplifying the lives of residents and management in estates and sectional title complexes.
For more information, contact: Omar Kinnear, 078 798 3378
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