§ 3-120. Rules
(a) Before adopting, amending, or repealing any rule, the executive board shall give all
unit owners notice of:
(1) its intention to adopt, amend, or repeal a rule and provide the text of the rule or
the proposed change; and
(2) a date on which the executive board will act on the proposed rule or amendment after
considering comments from unit owners.
(b) Following adoption, amendment, or repeal of a rule, the association shall notify the
unit owners of its action and provide a copy of any new or revised rule.
(c) An association may adopt rules to establish and enforce construction and design criteria
and aesthetic standards if the declaration so provides. If the declaration so provides,
the association shall adopt procedures for enforcement of those standards and for
approval of construction applications, including a reasonable time within which the
association must act after an application is submitted and the consequences of its
failure to act.
(d) A rule regulating display of the flag of the United States must be consistent with
federal law. In addition, the association may not prohibit display on a unit or on
a limited common element adjoining a unit of the flag of this State, or signs regarding
candidates for public or association office or ballot questions, but the association
may adopt rules governing the time, place, size, number, and manner of those displays.
(e) Unit owners may peacefully assemble on the common elements to consider matters related
to the common interest community, but the association may adopt rules governing the
time, place, and manner of those assemblies.
(f) An association may adopt rules that affect the use of or behavior in units that may
be used for residential purposes, only to:
(1) implement a provision of the declaration;
(2) regulate any behavior in or occupancy of a unit that violates the declaration or adversely
affects the use and enjoyment of other units or the common elements by other unit
owners; or
(3) restrict the leasing of residential units to the extent those rules are reasonably
designed to meet underwriting requirements of institutional lenders that regularly
make loans secured by first mortgages on units in common interest communities or regularly
purchase those mortgages.
(g) An association’s internal business operating procedures need not be adopted as rules.
(h) Every rule must be reasonable. (Added 2009, No. 155 (Adj. Sess.), § 38, eff. Jan. 1, 2012.)