This post evaluates the recently proposed 4620 House Rules from a technical perspective. In some cases, due to awkward grammar and the use of passive voice, the actual intent of the rule is either unclear or ambiguous, in which case a proposed re-wording may also be provided in some cases.

This is currently a work in progress but is being published as each evaluation is made, not necessarily in sequential order of the rules.

General observations

The use of terms such as ‘owner’, ‘resident’, ‘individual’ are not used clearly and consistently throughout. The specificity of certain rules (‘including but not limited to, employees, visitors, or contractors’) raises questions about the applicability of other rules which are specific to owners and/or residents. Are rules specific to owners and/or residents not applicable to employees, visitors, or contractors? This situation is exacerbated by the frequent use of passive voice (the bain of technical writing).

It would be good to create a glossary that defines terms so that they are easy to locate, even if they are defined in the body of the document. I have begun such a consolidate glossary at the end of this post.

Rule 11.2

No individual, including but not limited to, employees, visitors, or contractors, shall smoke, vape, carry, or leave lighted tobacco or other lighted substances in individual units, or interior and exterior common elements or limited common elements.

This covers the same ground as Article X, Section 3 of the Bylaws:

(o) No current or future Unit Owners, residents (including tenants and roommates), staff members, guests, or business invitees (including contractors, agents, household workers or persons hired by a Unit Owner or resident to provide a service or product) shall smoke, carry, or leave lighted tobacco or other lighted substances within individual units, or interior, exterior, and limited common elements. This includes cigars, cigarettes, e-cigarettes, other vaping products, pipes, and all other tobacco or smoking products, including marijuana. “Interior Common Elements” include, but are not limited to the lobby, hallways, stairwells, library, fitness room, party room or other community room, supply rooms, storage rooms, maintenance shop, garages, and equipment rooms. “Exterior Common Elements” include, but are not limited to tenace areas, front driveway area (including the front entrance, driveway, lawn, and landscaped areas), and pool deck. “Limited Common Elements” includes, but is not limited to, balconies and patios.

It is not clear why this needs to be repeated in the House Rules, nor why the language is so different between the Bylaws and the House Rules.

Both items contain technical inaccuracies, since ‘vaping’ is not a ‘lighted substance’ – it utilizes a vaporized liquid, not a combustible substance.

In attempting to prohibit all ‘lighted substances’ these items prohibit use of gas stoves and driers, as well as items such as candles and incense. (This weakness in the language of the Bylaws amendment was pointed out in the debate prior to its adoption.)

Proposed glossary

Common Elements, Exterior	Include, but are not limited to tenace areas, front driveway area (including the front entrance, driveway, lawn, and landscaped areas), and pool deck. (Bylaws, Article X, Section 3)
Common Elements, Interior	Include, but are not limited to the lobby, hallways, stairwells, library, fitness room, party room or other community room, supply rooms, storage rooms, maintenance shop, garages, and equipment rooms. (Bylaws, Article X, Section 3)
Common Elements, Limited	Include, but is not limited to, balconies and patios. (Bylaws, Article X, Section 3)