By Robert S. Coldren, Esq.

One of the best ways to insure that residents abide by the rules and regulations of a community is to encourage community management to document violations in a consistent, complete and thorough fashion. By doing so, community management will often be able to secure the offending resident’s compliance with the rules and regulations by simply confronting the resident with all of the "proof’ that the community has developed. "Building a record" can save significant time and expense in terms of attorneys’ fees and formal eviction procedures, and can maximize the chances that, if court action is required, the community will win.

Each long term or seasonal resident should have a separate file maintained by the community manager, into which all documents concerning that resident are placed. In order to enforce the rules and regulations, management must document any violations which come to its attention. Many rule violations (e.g., barking dogs) do not, on the first occasion, warrant serious measures to gain compliance. It is important, however, to note the details of each incident since, if the dog barks in future, the accumulation of the dog owner’s violations may warrant enforcement action. If it becomes necessary to refer a particular resident to a lawyer for action, the lawyer’s job will be far simpler, far less expensive for the community, and the likelihood of a successful outcome will be greatly enhanced if management has “built a record” of each violation.

How does the community build a record? A large camera is suggested as a must for all community managers. A picture is worth a thousand words, and photographs of rules and regulation violations should be taken as they occur within the community. Each photograph should be dated and placed in the corresponding resident’s file. The camera should be large so that the offending resident is aware that management is taking photos and is serious about enforcing community rules and regulations.

A tape recorder is also a useful tool for the community manager since it will allow the recordation of abusive language directed toward either the manager or other residents, loud and boisterous behavior, barking dogs, or other behavior that constitutes a rule and regulation violation. Just like the camera, a large tape recorder is “more visible” than a small one.

Whenever a resident complains about another resident violating the community’s rules and regulations, a notation of the date, place and nature of the complaint should be made in both resident’s files. Similarly, any time the community manager observes a rule and regulation violation, he should make note of it in the corresponding resident’s file.

Experience shows that by properly “building a record” the community can often solve the rule and regulation violation without the services of a lawyer. If an offending resident is confronted with documented evidence against him, the resident may realize that the community is serious about enforcement of the rules and regulations. The fact that the community has “the goods on him” may lead to the resident’s voluntary correction of the problem.

It should be noted that residents are often quick to complain to community management about the conduct of other residents. However, when asked to reduce their complaint to writing, sign the complaint, and agree to testify in court in order to solve the problem, these same residents all of a sudden “fade into the woodwork.” It is recommended that residents be clearly advised that no complaints can be acted upon unless they are made in writing and signed by the complaining resident; and unless the complaining resident agrees, if necessary, to testify in court. This procedure can be explained to residents by emphasizing that the community is willing to spend its time, resources, and money to correct rules and regulations violations, but is only willing to do so if the complaining resident will agree to testify in court if necessary. The resident’s testimony will greatly increase the chances that the judgment will fall in the community’s favor and the actions of the violating resident will cease. Of course, in states where termination of tenancy is less stringent than “for cause”, it is naturally less important to “build a record.”

Be assured that, in the long run, “building a record” is a time efficient and cost effective method of enforcing a community’s rules and regulations. By following the simple guidelines discussed above, the community will have the tools to provide the best possible environment for their residents and promote good public relations between management and residents.

Rob Coldren is a founding partner of the NCC-member law firm of Hart, King & Coldren. Rob has 25 years of experience representing the legal interests of manufactured home community owners and management companies. Hart, King & Coldren has offices in Santa Ana and Santa Rosa, serving all of California. Rob can be reached at (714) 432-8700 or via email at robertc@hkclaw.com.