Frequently, an owner or operator desires to control residents’ conduct, both in how they use the leased premises and how they use the common areas and recreational facilities. An owner or operator may attempt to regulate various activities, such as how residents use equipment, such as appliances, in their apartments or how much alcohol they consume at the swimming pool. The most effective way owners and operators may regulate such conduct is by publishing rules.

The lease can incorporate a list of rules, thus making the resident’s adherence to the rules a promise within the lease. However, incorporating the rules in the lease does not allow owners and operators much flexibility in amending the rules when they acquire new facilities or observe new safety hazards. The better practice is to incorporate language in the lease whereby the resident agrees to abide by all reasonable rules the owner or operator adopts and makes known to the resident. The owner or operator should present a list of rules to the resident and insist that the resident acknowledge the receipt and reasonableness of the rules by endorsing one copy. The owner or operator should keep this signed copy for his/her records.

Whenever the owner or operator adopts new rules or alters existing rules, s/he should provide each resident with an updated list and require each resident to sign a copy of the new list for filing.

Keywords: amenities, community rules