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Understanding the Homeowners’ Association Rules Hierarchy

Man and woman walking dog on a neighborhood sidewalk

Homeowners’ association (HOA) residents enjoy the many perks of community living, such as strong home values, convenient amenities, and beautiful neighborhoods. However, to maintain these benefits, residents must commit to following the association’s rules and guidelines.

Understanding the importance of the homeowners’ association rules hierarchy and how your compliance affects all residents can help your community thrive.  Explore this comprehensive guide on HOA rules to enhance your knowledge.

Understanding the Hierarchy of HOA Rules

When you purchase a home in a community association, you become a member of that HOA and sign legal documents, agreeing to abide by its rules. But what are those HOA rules?

Included in your closing paperwork are your HOA governing documents, which contain everything you need to know about your legal rights and expectations as a homeowner, the association’s responsibilities, and how the HOA is run. The governing documents include:

Codes, Covenants, and Restrictions (CC&Rs)

The Codes, Covenants, and Restrictions, or CC&Rs, are the most significant and comprehensive documents in the homeowners’ association rules hierarchy. They’re legally binding community procedures and requirements that hold HOA residents and the association to the standards set within them. 

In your community’s CC&Rs, you’ll find details on:

  • The rights of homeowners and the association

  • Homeowner dues, special assessments, and late fees

  • Maintenance obligations for homes and common areas

  • Architectural standards for homes and landscaping

  • Homeowner behavioral guidelines and restrictions

CC&Rs typically take precedence over other HOA guidelines because they’re legally filed. This gives them the most authority over the association, just below local laws. The HOA board and law enforcement can lawfully enforce these codes within the community.

HOA Bylaws

While HOA bylaws are legal documents like CC&Rs, they differ because they outline how the association is governed day-to-day rather than establishing HOA rights and restrictions. Your bylaws will likely include:

  • The nomination and election process for HOA board members

  • Term lengths and how often board members can be elected

  • Quorum requirements to hold official HOA meetings

  • Details on HOA board member duties

  • Voting processes and approved methods

HOA Rules and Regulations

Your community’s rules and regulations are specific instructions that support the overarching CC&Rs and bylaws. They often contain additional details clarifying requirements and restrictions, including information not addressed in the CC&Rs. Examples of what you may find in your HOA’s rules and regulations are:

  • Operational hours for gyms, pools, and other amenities

  • Restrictions on community guests

  • Home occupancy limits

  • Homeowners’ association parking rules

  • Holiday decoration guidelines

Types of Rules in a Homeowners’ Association

Part of living in an HOA is following homeowners’ association guidelines. To help you better understand your homeowner responsibilities and entitlements, common HOA rules can be broken into these main categories:

  • Architectural guidelines: These rules encompass what homeowners can do with the exterior of their properties. They aim to maintain aesthetic harmony, keep home values high, and prevent safety hazards within the community.

  • Community behavior: Behavioral rules apply to how homeowners act and treat each other. Their purpose is to promote respectful behaviors that don’t disrupt the neighborhood or how the association is run. Examples include noise restrictions and pet rules.

  • Maintenance requirements: Maintenance rules refer to homeowners’ obligations to maintain their homes, including lawn mowing, tree trimming, and paint touch-ups. 

Finger pointing to a paper form

Common Misconceptions About Homeowners’ Association Rules

While some homeowners may feel that HOA rules are unnecessary or restrictive, community rules are established to enhance their quality of life. Here are common misconceptions about HOA rules and why they’re simply untrue.

Rules Don’t Benefit Residents

HOA rules are designed to make the community a vibrant, positive, and beautiful place to live. Homeowners enjoy consistent property values, well-maintained grounds, and few neighborhood disturbances. By doing your part and following HOA rules, you support these benefits and help the entire community.

Residents Have No Say in the Rules That Govern the Community

Because homeowners are equal members of the association, they can speak up, share feedback, and offer suggestions to the HOA board. By participating in HOA meetings and engaging with community leadership, you can influence association guidelines and processes.

Rules Cannot Be Changed

When rules no longer serve residents, you can initiate change within the community. Use your voice to share concerns with fellow homeowners and the board. If enough association members support the change, the board can propose amendments to the governing documents and make official rule changes.

How a Homeowners’ Association Enforces the Rules

Every HOA is unique and has different processes for enforcing rules. However, there are general steps an HOA board will take to ensure homeowners are complying with community guidelines:

  1. Routine inspections are conducted to check for violations. Other residents can also report when something isn’t up to HOA standards.

  2. The HOA board sends the homeowner an initial notification that outlines the violation, how to fix it, and how long they have to make the change.

  3. The homeowner reconciles the violation or is allowed to protest the violation.

  4. If the issue is unresolved, the board may schedule a non-compliance hearing or apply other penalties until a resolution is reached.

Learn More: How to Create an HOA Violation Letter

How To Comply With the Rules

As an HOA resident, it’s in your best interest to follow your association’s rules. Non-compliance can lead to violations, neighborhood disruptions, and not reaping all the benefits of your community. Here are tips to help you stay on top of HOA guidelines:

  • Read your governing documents and familiarize yourself with the rules.

  • Attend meetings, read HOA communications, and participate in events to get the latest community updates.

  • Follow the official processes outlined in the government documents before making changes to your property.

  • Keep detailed records of what you do with your property and any correspondence with board members.

  • Don’t be afraid to ask questions. When in doubt, reach out to your HOA board or community manager for answers.

Top Frequently Asked Questions About HOA Violations

The homeowners’ association rules hierarchy exists to maintain the association’s value and help all residents make the most of community living. When homeowners fail to comply with the rules, they can face violations that hold them accountable. Learn more about violations and HOA policies in our ebook, “Top Frequently Asked Questions About HOA Violations.”