57-8-8. Compliance with covenants, bylaws and/or house rules and administrative provisions

Subject to reasonable compliance therewith by the manager and the management committee, each unit owner shall reasonably comply with the covenants, conditions, and restrictions as set forth in the declaration or in the deed to his unit, and with the bylaws and/or house rulesfn1 and with the administrative rules and regulations drafted pursuant thereto,fn2 as either of the same may be lawfully amended from time to time, and failure to comply shall be ground for an action to recover sums due for damages or injunctive relief or both, maintainable by the manager or management committee on behalf of the unit owners, or in a proper case, by an aggrieved unit owner.


Enacted 1963, ch. 111.  Amended by Chapter 132, 2000 General Session to add, "Subject to reasonable compliance therewith by the manager and the management committee" to the first sentence, and to add "reasonably" after "each unit owner shall."


 

FN 1.  The Condo Act does not define "house rules" or "administrative rules and regulations."  The dictionary definition of a house rule is "a rule (as in a game) that applies only among a certain group or in a certain place."  And the dictionary definition of an administrative rule or regulation that is most applicable here is

executive: of or relating to the execution of the covenants and the conduct of affairs of the association and the project; designed for or relating to execution or carrying into effect.

See the definitions of "house rules," "administrative" and "executive" at merriam-webster.com, 2018.

FN2.  This section makes a distinction between "house rules" and "administrative rules and regulations drafted pursuant to the [declaration, deed, bylaws and/or house rules]," but it is not clear what that distinction is.  When reading this section in isolation, the indication seems to be that a project may have either bylaws or house rules ("bylaws and/or house rules") and that "house rules" are comparable to bylaws, but since bylaws have been required since the Act was enacted in 1963, and "house rules" are not addressed anywhere else in the Act (except peripherally in Section 57-8-19(1) and 57-8-21), that explanation is not sufficient. 

In the end, though this section strangely references two different types of rules ("house rules" and "administrative rules and regulations"), no new or different governing document is created by this section.  Bylaws are bylaws and rules are rules.

 

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