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Adopting and changing rulesLesson 9 of 21

Academy/Rules & Rulemaking

Temporary rules

Calling a rule "temporary" doesn't loosen a single legal requirement it has to meet.

A "temporary rule" is not its own legal category. It just means the board adopted a rule for a limited or trial period. It still needs real rulemaking authority, still must pass the reasonableness test, and still follows the normal adoption procedure, unless it actually meets the separate legal test for an emergency rule.

01

"Temporary" describes a duration, not a legal shortcut

Boards often reach for a "temporary" rule when they want to try something without committing to it forever: shortened pool hours for a season, a trial pet policy, a six month ban on street parking during construction. That instinct is fine. What's not supported is the idea that labeling a rule temporary changes the rules for making it.

No source in this Course defines "temporary rule" as a distinct legal term with its own duration or exemption. It is plain language for a rule the association's own governing documents let it adopt for a limited or trial period, and its treatment depends entirely on those documents and on whatever state statute applies to the association.

02

The board still needs real authority to adopt it

Before asking how long a rule lasts, ask whether the board could adopt it at all. An association's power to make rules is delegated, not automatic, and it does not reach into individually owned property just because the board calls the rule temporary.

"[A]n association enjoys an implied power to make rules in furtherance of its power over the common property," but "has no inherent power to regulate use of the individually owned properties in the community."

Source: Restatement (Third) of Property: Servitudes, section 6.7, American Law Institute

If the board can't point to the specific declaration, bylaw, or statute provision that lets it regulate this subject at all, a trial period doesn't fix that.

03

And it still has to be reasonable

A board adopted rule, temporary or permanent, is judged by the same reasonableness test, not by whatever a two-thirds vote of enthusiastic owners approved.

"the rule of reasonableness" is "the touchstone by which the validity of a condominium association's actions should be measured," and an association "is not at liberty to adopt arbitrary or capricious rules bearing no relationship to the health, happiness and enjoyment of life of the various unit owners."

Source: Hidden Harbour Estates, Inc. v. Norman, Florida District Court of Appeal

A trial rule that would fail this test as a permanent one fails it as a trial one too. Duration isn't part of the test.

04

Temporary is not the same thing as emergency

The one place a shorter path genuinely exists in the research is California's emergency rule procedure, and it's easy to confuse with a plain "temporary" rule because both sound like something adopted quickly and meant to expire.

No advance notice is required "if the board determines that an immediate rule change is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the association."

Source: California Civil Code Section 4360, State of California

An emergency rule adopted this way is capped at 120 days by California law and cannot be re-adopted under the emergency procedure once it lapses. Whether your state has any emergency rule exception at all, and what it requires, varies. Check your state statute and your bylaws before assuming a shortcut exists.

An ordinary trial rule, adopted because the board simply wants to test something rather than address an imminent threat, doesn't get this shortcut. If your state's statute requires advance notice for an operating rule change, that requirement still applies. Connecticut, for example, requires only 10 days' notice where California requires 28, so even among states with similar statutes the floor itself is not uniform. Confirm your own state's notice requirement, and your bylaws, before adopting any rule on a fast timeline.

If you want a rule to genuinely sunset, the reliable path is to write the expiration date and renewal process directly into the rule's own text and adopt it the same way you'd adopt any other operating rule change.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

A board wants a 90 day trial rule cutting pool hours during a heatwave to save on lifeguard costs, and wants to skip owner notice because it's "only temporary." What should it do?

A director says the association's temporary rule allowing short term rentals during a festival will expire after 120 days because "that's what the law requires for any temporary rule." Is the director correct?

The board adopts a six month trial rule banning basketball hoops in driveways, reasoning that since it's temporary, it doesn't need to meet the usual legal test. Is that reasoning sound?

Sources

Rules & Rulemaking

Next, see exactly how any rule change, temporary or permanent, is supposed to move from proposal to adoption.

Whether an emergency rule exception exists at all, how long any such exception lasts, and what notice period (if any) applies before an operating rule change takes effect vary by state and by your association's own governing documents.