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HOW REASONABLE IS REASONABLE?
By
Jan Bergemann
Published
March 15, 2013
It
sounds easy when you are being told to create “REASONABLE
RULES” – right? But believe me, it’s not the word RULES
that creates the headaches, it’s the word “REASONABLE”
that causes the fight over rules boards are trying to create.
Make
no mistake, what some folks think is reasonable, others may find
absolutely unreasonable. And that’s when the legal fight
starts.
There
is no test method
that produces a definite test result, telling you what’s
reasonable – and what’s not. It’s a matter of opinion –
and we all know that opinions differ widely.
Look
at the explanation given by Merriam Webster for the word
“REASONABLE.”
Definition
of REASONABLE:
a
: being in accordance with reason <a reasonable theory>
b
: not extreme or excessive <reasonable requests>
c
: moderate, fair <a reasonable chance> <a reasonable
price>
d
: inexpensive
These
definitions already tell you that there is no definite statement
for the word “REASONABLE.”
Lots of lawsuit have been filed arguing this word. And even
judges couldn’t really make their mind up whether reasonable
is really reasonable.
Because
of the many fights over “reasonable rules” Representative
Jeff Kottkamp filed in 2007 a bill that created FS
720.3035, hoping to minimize the damage caused by
“reasonable rules”. His approach in short: Limiting the
rule-making authority to issues that were already part of the
original governing documents. It still doesn’t explain the
word “reasonable”, but eliminates many reasons for lawsuits.
Boards can’t even make “reasonable” rules to determine the
color of the front door, if the original governing documents
didn’t create rules for front door colors.
But
did that stop the legal wars over “reasonable rules?”
Definitely not – and I don’t think the argument will ever
end!
How
reasonable is it – for example – to say that a goldfish in a
fish tank is a pet – and can’t be allowed in a no-pet
community? It only opens up the next argument: Selective
enforcement! "If
my neighbor has a goldfish I can have a pit bull!" Makes
sense? I don’t think so!
So
the question is still left unanswered: HOW
REASONABLE IS REASONABLE?
Or do you have an answer?
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