What Should House Rules Include?

Quick Overview

House rules should clearly state how residents are expected to behave in common areas, when quiet hours apply, who is responsible for cleaning, how basements, bike storage areas, and stroller storage areas are to be used, and what happens if the rules are violated. They are not mandatory, but if approved properly and in compliance with the law, they can serve as an important guide for both owners and tenants in resolving disputes.

• House rules are not mandatory, but they are very practical for homeowners’ associations and housing cooperatives.
• They cannot prohibit everything that others dislike—they must comply with the Civil Code.
• It is advisable to incorporate the rules for tenants into the lease agreement as well.
• Fines and penalties must be reasonable, verifiable, and approved in accordance with the rules of the homeowners’ association or housing cooperative.
• House rules that are tailored to a specific building work best, rather than a generic template found online.

Establishing rules of conduct in the building is not mandatory; a housing cooperative or homeowners’ association is not required to draft them. However, if house rules do not exist, conflicts—such as those involving disturbances of the peace at night—can be more difficult to resolve. Clearly formulated rules that specify quiet hours and procedures for addressing any disturbances during those hours can prevent disputes among neighbors.

From our experience, we know that the biggest problems do not arise because the house rules do not address every minor detail, but because of vague wording such as “residents must behave decently” or “noise is prohibited.” If a rule is to be enforceable later on, it must be specific: for example, when quiet hours begin, what activities are restricted, and what procedure follows in the event of repeated violations.

If you’re still drafting your house rules or aren’t sure whether your rules will hold up in a dispute with a neighbor or tenant, let us review the bylaws of your homeowners’ association, housing cooperative, or the house rules themselves. We’ll help you set up rules that are clear, enforceable, and within legal limits.

This is partly becausethe law addresses only more serious violations, rather than the day-to-day rules governing the building, andpartly because it fosters greater consensus on which rules apartment owners consider essential and which they insist on. Here, they can emphasize or prohibit certain issues that the housing cooperative orhomeowners’ associationhas had to deal with in the past (disturbing the peace at night, barbecuing on balconies, problems with waste sorting, pet behavior and walking, building security, etc.).

What form should be chosen?

Since there is no legal obligation to approve or have house rules in a building, there is also no mandatory format or universal template for them. For this reason , it is not recommended to use house rules templates downloaded from the internet; instead, you should draft them specifically tailored to the circumstances of your building. While some principles can be applied anywhere, many details may be specific to your building—for example, due to frequent thefts, emphasis may be placed on building security; the presence of security cameras on the building and in common areas may be mentioned; or rules governing the use of the shared bicycle storage or stroller storage room may be established.

Legally, it is important that the house rules do not exceed the scope of the Civil Code and do not conflict with the bylaws of the homeowners’ association or housing cooperative. They may regulate the practical operation of the building—such as the use of common areas, cleaning, noise, or security—but they must not prohibit residents from doing what they are legally entitled to do. When it comes to quiet hours, it is also important to remember that disturbing the peace at night can be treated as a misdemeanor under the Act on Certain Misdemeanors.

The procedure is typically as follows: the HOA board prepares a draft of the rules it considers important for the building’s operation. Ideally, it sends the draft to the owners in advance for comments, which it can then incorporate or address. Subsequently, a simple majority of the HOA members present at the meeting is required to approve the rules. Once approved, the rules are usually posted downstairs in the lobby or in one of the building’s common areas. Rules regarding quiet hours, such as a ban on loud activities after 10 p.m., are often posted in the building’s lobby.

House rules may also formally form part of the HOA’s or housing cooperative’s bylaws. While the HOA’s bylaws govern the most significant principles, the HOA’s house rules can go into detail and address specific matters, including how to enforce compliance. In such cases, however, even a minor change regarding waste sorting must be approved through the process of amending the bylaws, which may not always be practical.

House rules must not conflict with public order, good morals, the Civil Code, or the bylaws of the homeowners’ association or housing cooperative.

The house rules do not apply only to apartment owners

As we indicated at the outset, the house rules do not address only the relationships or behavior of apartment owners, but also to their tenants and, more generally, to anyone who is present in the building for any reason—whether they are visitors to permanent residents or individuals performing assigned tasks in the building, such as building maintenance, cleaning of common areas, repairs, or equipment inspections, etc.

If house rules have been established for the building, the homeowners’ association should urge its members to incorporate these rules into the lease agreements that individual apartment owners enter into with their tenants; otherwise, the question may arise as to whether the rules are binding on the tenants. A major problem can arise if a rule in the lease agreement contradicts the building rules.

Are you renting out an apartment in a building managed by a homeowners’ association? We can help you draft a lease agreement that properly aligns with the building rules and protects you in the event of disputes with a tenant.

What should be covered in the house rules?

General principles that can be included in the house rules are:

• use of common areas and facilities in the building —such as hallways, laundry rooms, stroller storage rooms, ski storage rooms, laundry rooms—you can specify, for example, who has keys to certain areas, the rules regarding the number and storage of bicycles or other items, a prohibition on placing items in other common areas of the building, the frequency and rules for using the shared laundry room, etc.
• Cleanliness in the building —for example, rotating responsibility for cleaning duties, a ban on throwing or pouring items out of windows, and cleaning to be handled individually by owners or tenants in the event of extraordinary circumstances (renovations, moving, etc.)
• Building security —notification of the building’s surveillance camera system and the areas it covers; rules for locking the building at a specific time; use of a code or chip system; rules for reporting lost keys or chips, etc.
• Noise in the building— the house rules may, for example, establish an obligation to observe quiet hours from 10:00 p.m. to 6:00 a.m. and specify penalties for violations. These guidelines help minimize conflicts between neighbors and contribute to a peaceful living environment.
• Disturbance ofthe nighttime quiet hours – specify which activities are considered disturbances, such as loud music, noisy parties, or drilling at night.
• Waste Disposal and Recycling – Use of shared trash bins; prohibition on placing items intended for recycling into these bins; prohibition on leaving unwanted items around the trash bins, etc.
• Pet ownership – Emphasize the responsibility of pet owners to ensure their pets do not unduly disturb other neighbors with odors or messes.

Checklist: What Good House Rules Should Include

When drafting house rules, make sure they address at least the following questions:

• Who approved the house rules, and to whom do they apply?
• How are common areas, such as hallways, basements, bike storage rooms, or stroller storage rooms, to be used?
• What are the rules regarding cleaning, trash, and building safety?
• What are the quiet hours, and what noisy activities are restricted?
• What are the rules regarding pets, visitors, renovations, or moving?
• What is the procedure for rule violations?
• Who documents rule violations, and how?

Enforcing House Rules Through Fines

The house rules may describe the procedure for rule violations—for example, first a verbal warning, then a written notice, and only in the case of repeated violations, a penalty. However, caution must be exercised when imposing fines. They should be reasonable, approved in advance, clearly linked to a specific violation, and in accordance with the bylaws of the homeowners’ association or housing cooperative.

In practice, it is usually better to start with a written notice rather than imposing a fine right away. The notice should describe which rule was violated, when it occurred, who observed the violation, and what the owner or tenant must do to remedy the situation. Only if the problem recurs does it make sense to impose a penalty or pursue legal enforcement.

The issue of enforcing fines for violations of house rules is not always straightforward. If an owner refuses to pay the fine, the homeowners’ association or housing cooperative will have to prove not only that the rule was validly in place but also that it was actually violated by the specific individual. Evidence may include, for example, witness statements, photographs, committee minutes, or surveillance footage, provided it was recorded in accordance with privacy regulations.

However, the issue of enforcing fines for violations of house rules or bylaws is not entirely clear-cut. In any case, the owner (or tenant) may try to defend themselves in court or simply ignore the fines. It then likely depends on the severity of the violation and the amount of the fines imposed as to whether the owners’ association will seek to enforce payment of the fines in court.

However, the association would have to prove that a violation of the rules occurred and that it was caused by that specific owner or a visitor. Evidence may include photographs, security camera footage, or a neighbor’s testimony. If the court rules that the fine is justified, it can be enforced through debt collection if it remains unpaid. The offender will then also have to pay the collection costs, and the final amount they pay will be much higher than the original fine.

In practice, for example, we handled a dispute in which an owners’ association sought to fine an owner for repeatedly leaving items in the hallway. The problem was not the prohibition itself, but the fact that the house rules did not specify who documents the violation, how the owner is asked to remedy the situation, and when a penalty is imposed. After the precise procedure was added, similar situations were resolved much more quickly and without unnecessary escalation.

What Does Not Belong in the House Rules

House rules may not prohibit anything that everyone is legally entitled to do. For example, it is not possible to prohibit tenants or owners from keeping pets, provided that doing so does not cause unreasonable inconvenience to others. If, for example, a pet soils common areas, the owner may be required to reimburse the costs incurred for cleaning. Furthermore, it is not possible, for example, to prohibit smoking in the apartment, to restrict visitors and the duration of their visits, or to limit the ability to rent or sublet the apartment—for instance, as shared housing. Nor is it possible to prohibit short-term rentals through Airbnb.

In this context, however, other obligations can be established and enforced. For example, regarding short-term rentals , the bylaws can include a requirement for the apartment owner to notify the association within a very short timeframe whenever the occupants of their apartment change. They must therefore report every “visitor,” and if they fail to do so, they may face penalties. The homeowners’ association can thus make short-term rentals slightly more difficult while also maintaining oversight of what is happening in the building.

Summary

House rules are not mandatory, but for homeowners’ associations and housing cooperatives, they are a practical tool for establishing rules for coexistence in the building. They should primarily address the use of common areas, cleaning, safety, quiet hours, waste disposal, pets, renovations, visitors, and procedures for rule violations. To be enforceable in the event of a dispute, they must be specific, reasonable, properly approved, and in accordance with the Civil Code and the bylaws. It cannot broadly prohibit residents’ legal rights—such as keeping a pet or renting out an apartment—but it can adjust the rules so that other owners and tenants are not unreasonably inconvenienced.

Are you dealing with a neighbor who repeatedly violates the building rules? We’ll propose a legally sound course of action —from issuing a formal notice to, if necessary, seeking compensation for damages or imposing a fine.