Neighborhood Assn., Inc. v. Limberger

Summary

The dissent would conclude that an association’s standard foreclosure policy is an internal business operating procedure rather than a rule subject to the Common Interest Ownership Act’s notice-and-comment requirements. It reasons that the declaration already notified unit owners of the association’s foreclosure right, the statutory definition of a rule excludes policies set forth in the declaration, and the statutory rule-making provisions concern matters affecting traditional ownership or speech rights. The dissent therefore would reject the majority’s conclusion that the foreclosure policy had to be adopted as a rule.