Bylaws and house rules exist to make life safe, pleasant and harmonious for everyone in the building. However, certain scenarios necessitate the sudden implementation of new rules.
These new rules may be inspired by sudden changes in the area or immediate threats that can realistically affect residents. But regardless of the reasoning, condo and co-op boards must abide by the proper process.
Why would condos or co-ops suddenly need new rules?
Most boards do not pull rules out of thin air, and many will hesitate to fix nonexistent problems so they can avoid tenant revolt. However, some situations may require new rules, usually brought about by sudden changes to the internal or external environment.
Here are some examples:
- New rules for emergency preparedness after a natural disaster that showed the lack of current protocols
- Health protocols after a sudden outbreak of a contagious disease
- Tighter security measures after criminal incidents in the building
- Balcony restrictions after the discovery of structural issues
- New pet policies after a serious animal-related incident, such as a vicious dog bite
Even if these rules are necessary, they must abide by the current bylaws. Otherwise, the board may need to amend the bylaws to make room for new regulations.
How can boards create and enforce new rules properly?
Co-op boards usually have the authority to create new rules for the common good of the building. However, this authority is not unlimited. Plus, creating new rules often requires shareholder approval.
Typically, co-ops need an affirming vote of at least two-thirds to three-fourths of shareholders to amend the building’s bylaws. That said, it is crucial to present the necessity of the proposed rules and the rationale behind them.
Furthermore, boards must ensure that new rules do not go beyond their authority as laid out in the governing documents. Doing so helps avoid legal disputes.
Lastly, new policies must comply with federal and New York laws. For example, the board may need to accommodate service animals despite a no-pet policy.
When do boards need legal help?
Even well-intentioned rules may get some pushback from tenants. In such cases, an attorney can serve as a mediator during shareholder meetings. They can help demonstrate the benefits of the new rule and keep discussions as amicable as possible.
If new rules do lead to disputes, an attorney can offer solutions to mitigate the worst outcomes.