10 Things Your Board Can and Can’t Do About the Rules

What can a homeowners’ association (HOA) do to you if you violate a rule, challenge a policy, or question a board decision? The answer depends on the authority granted by the community’s governing documents, including HOA bylaws and Covenants, Conditions & Restrictions (CC&Rs), as well as applicable laws.

While HOA rules and regulations help communities operate smoothly, many homeowners are unsure where the board’s authority begins and ends. Read on to learn what a community association board can and can’t do about the rules.

READ MORE: “HOA 101: Rules & Regulations”

1. Can: Communicate the Rules

To ensure the nearly 77.1 million Americans who live in HOAs follow the rules, the regulations must be clearly communicated. It’s the board’s responsibility to notify residents when rules change or when new policies take effect.

Good communication can:

• Reduce misunderstandings

• Improve compliance

• Build trust between homeowners and the board

Many communities use newsletters, websites, email updates, and resident apps such as TownSq, to keep homeowners informed.

“Residents should be informed about rule amendments ASAP, physically or electronically. Tell them where to find copies of the updated documents and who to contact with questions.” – Michele Nadeau, CMCA®, AMS®, PCAM®, general manager at Legum & Norman

2. Can’t: Keep Important Information from Homeowners

While certain issues might require confidentiality, such as pending litigation or personnel issues, boards generally cannot withhold records that homeowners have a legal right to review. State laws and governing documents often outline which records must be available and when homeowners can request them.

Homeowners are generally allowed access to:

• Approved meeting minutes

• Annual budgets and financial reports

• Governing documents

• Election results

• Reserve study information

Please Note: Access to association records varies by state and governing documents. Consult your community’s documents and legal counsel for specific requirements.

3. Can: Enforce Community Rules

An HOA has the authority to enforce valid community rules that are properly adopted under the governing documents.

For example, a community might require architectural approval before homeowners paint their house or build a shed. Another community might prohibit overnight street parking or regulate short-term rentals.

Enforcement procedures often include notice requirements and opportunities for homeowners to address violations before further action is taken.

LEARN MORE: “The Complete Guide to Preventing Rule Violations In Your Community”

4. Can’t: Enforce the Rules Unfairly

Boards must apply the rules consistently throughout the community. Selective enforcement occurs when similar violations receive different treatment without a valid reason. This can create legal risks and damage homeowner confidence.

5. Can: Create New Rules

Governing documents typically give boards the authority to adopt new rules when the community’s needs change. Depending on the governing documents and applicable laws, boards may have the power to adopt certain rules without homeowner approval, while more significant restrictions or amendments to the CC&&Rs may require homeowner approval. Always refer to your community’s documents for specifics.

6. Can’t: Make Decisions Without Following Proper Protocols

Even when a board has the authority to act, it must follow the procedures outlined in the governing documents and relevant laws. This helps protect both the board and homeowners from unnecessary conflict and rule violations.

7. Can: Modify Existing Rules

Because the rules that worked 10 years ago might not address today’s challenges, boards may be able to update existing rules.

For example, many associations have added policies addressing electric vehicle charging stations, drones, and short-term rentals.

Before making changes, boards need to:

• Review governing documents

• Consider legal requirements

• Evaluate homeowner feedback

• Document the decision-making process

Any rule change should address a real community concern and remain consistent with the association’s governing documents.

“If your communication requirements haven't been modernized, revise them. Changing the communication methods in your governing documents will improve efficiency and reduce costs for your association, as well as provide added convenience for your homeowners.” – Josie Flicek, CMCA®, AMS®, business development manager, Cities Management, Inc.

8. Can’t: Ignore Homeowner Input or Votes

Residents help shape the future of their community through elections, feedback, and voting opportunities. While boards are responsible for many operational decisions, certain actions might require homeowner approval, like:

• Governing document amendments

• Major community changes

• Board elections

It’s crucial for homeowners to understand the voting process and their role in it.

RELATED: “HOA Board Elections: How To Get It Right”

9. Can: Remove Outdated or Ineffective Rules

To make sure rules still align with a community’s way of life, boards are generally allowed to remove outdated or ineffective rules. Consistently fostering a culture of compliance, boards may regularly review:

• Rules and regulations

• Policies

• HOA bylaws

• CC&Rs

While boards may have the power to update rules and policies, changes to bylaws and CC&Rs usually require a different approval process outlined in the governing documents.

10. Can’t: Permit Board Members to Break the Rules

Strong communities depend on ethical leadership and accountability. Board members have a fiduciary duty to act in the best interests of the association. Conflicts of interest, abuse of authority, and violations of governing documents can undermine homeowners' trust.

As good stewards of the association, community leaders must follow the same rules they’re expected to enforce.

Everything Residents Should Know About HOA Rules

Understanding what can a homeowners association do to you, and where its authority ends, helps homeowners make informed decisions and participate more effectively in their community. Want a deeper understanding of rule enforcement, violations, and homeowner responsibilities? Download Associa’s free HOA Rules Guidebook: Everything Residents Need to Know.

FAQs About the Rules

Here are the most commonly asked questions about HOA rule changes.

1. Can a homeowners' association foreclose on your home?

In some states, an HOA may have the authority to pursue foreclosure for unpaid assessments or other qualifying debts. The process and requirements vary significantly by state law and governing documents. Always consult an HOA lawyer to understand foreclosure laws in your area.

2. Can a homeowners' association fine you?

Many associations can impose fines for violations of valid community rules when authorized by governing documents and state law. Due process requirements often apply.

3. Can a homeowners’ association tow your car?

Some associations may tow vehicles that violate parking rules or community regulations. The authority to do so depends on state law, local ordinances, and governing documents.

4. Can a homeowners’ association be a 501c3?

Most homeowners’ associations aren’t organized as 501(c)(3) charitable organizations. Associations are typically structured under different tax classifications and should consult qualified tax professionals regarding their status.

HOA authority varies by state, province, governing documents, and court interpretations. This article is for informational purposes only and should not be considered legal advice.

Reviewed for accuracy using Associa community association governance resources.