Declaration vs Rules—What Boards Should Think About when Rules are Contained in the Declaration?

In some condominium corporations, the declaration and rules are merged, meaning that the rules are included within the registered declaration. This can create unique challenges for the condominium community. The declaration is written by the developer and is difficult to change once registered, while the rules can be amended by a simple majority vote of the board of directors. Both the declaration and rules are enforceable, but there may be differences in the process of collecting costs incurred due to a violation. If the rules are contained in the declaration, the condominium corporation has a duty to enforce them, even if they are unreasonable or no longer match the community's needs. Changing the declaration is more difficult and time-consuming than changing the rules. There are two main options for changing the declaration: obtaining written consent from at least 80 or 90 percent of the unit owners or seeking an order from the Superior Court of Justice, which requires providing evidence of the necessity or desirability of the amendment.