CAI-NJ August 2021

loosened, but not eliminated, so maintaining flexibility, and continually reviewing and adjusting community restrictions as appropriate will become a best practice. Hopefully, masking and social distancing will be reduced to a memory before long, but the lessons learned about how they impact community living will live on. All restrictions should be reasonable and understandable by homeowners. Adherence to rules will be far easier to achieve to the extent people understand the rationale for the restriction (see CAI’s “Reinventing the Rules” for some great guidance here). Early in the pandemic stages, there was a huge division across the country as to whether masking was effective, or just amounted to government overreach. As time went on, however, masking became more accepted as their positive effect was demon- strated and most people became educated (in large part due to peer pressure, and rigid enforcement by business owners). As people saw the effect, masks became an easier “sell”, albeit nobody likes wearing one. Continual education of all community rules, pointing to the reason for the restriction, has never been more important. When Conflict Arises: Over the decades, enforcement of rules has evolved in communities. Now, there is far more to enforcing restric-

tions than sending violation letters and imposing (sometimes random) fines or penalties., “Board member performance both now and in the future will be enhanced by training in mediation, dispute resolution and in talking to people infor- mally to work out problems. Alternatively, they may hire pro- fessional mediators or others who resolve disputes to help enforce rules.” (See Community Next: 2020 and Beyond: The Association Governance Model Panel Report). A “soft”, but consistent enforcement program will help gain acceptance of the restrictions and avoid the creation of animosity. If this approach isn’t effective, a firmer approach is still available, which includes levying of penalties and possibly mediation (Alternative Dispute Resolution). What was that well known adage? “Walk softly but carry a big stick”. Especially in post-pandemic times, the soft walk approach is likely to be effective in the lion’s share of cases. We’ve come through some tough times recently, but we are able to take away some important lessons with respect to an aspect of community association living that defines the nature of the lifestyle. Review rules for relevance, check for continuity and enforceability, educate owners about the restrictions as well as the rationale, and have an effec- tive program to consistently (and gently where possible) enforce. n

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Readers of Community Trends ® can ask the Editorial Committee of the magazine for their feedback about any issue facing the community association industry. The committee is made up of legal, insurance, engineering and property management professionals with a wealth of information and experience specific to community associations. Contact Brooke Stoppiello-Nevins: Phone: (609) 588-0030 Email: brooke@cainj.org

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