Serving more than 30,000 communities across four countries, Associa’s vast network of community managers has decades of experience supporting boards through violations of the Covenants, Conditions & Restrictions (CC&Rs). When the CC&Rs are broken, enforcing the rules falls squarely within a board’s fiduciary duty. Understanding the enforcement process is essential to a well-functioning association. 

In our ebook, "Top Rule Enforcement Strategies: 10 Community Managers' Secrets to Success", we break down what an enforcement process looks like and our experts’ secrets to enforcement strategies that actually work. Read it to get practical advice that you can put into action now to uphold your governing documents and manage violations more effectively.

Rule Enforcement FAQs

Who makes the rules for my HOA?

The source for almost all your HOA's rules will be your governing documents. These documents are created during the formation of the association—usually by the developer of a property. Once the developer turns over control of the community, your HOA is run by an elected board of directors. This board has the power to implement additional rules. Additionally, local, state, and federal government bodies also pass new laws that may create or alter regulations that are set by your association. 

Does state law supersede HOA rules?

Generally, federal, state, and local laws supersede HOA rules. With that in mind, HOA rules should be designed to not contradict any of those laws or rights provided to residents. 

How does an HOA enforce rules?

Not following HOA rules can carry legal and financial consequences. Enforcement policies may include warnings, fines, and more. If penalties aren't paid, your HOA may act by placing a lien on your home. However, most violations get corrected with a friendly reminder by phone or mail.

How Are CC&Rs Enforced?

Some HOA boards conduct regular inspections to ensure compliance with CC&Rs. Others wait for violations to be reported.

While penalties for non-compliance vary by community, they typically reflect the severity of the offense and the length of time since the homeowner was notified. In some communities, the first step might be an initial notification and possibly a second warning from the HOA. If the issue isn’t resolved, the next step might be to schedule a non-compliance hearing and then notify the homeowner of the board’s decision and any penalties imposed.

Remember that most HOAs have the authority to attach a lien to the property or even initiate foreclosure proceedings, so read and respond quickly if you receive a non-compliance notification from your HOA. Still, every community will address violations differently—there’s no common standard on how to respond to covenant infractions. Check with your association attorney for further guidance specific to your community, city, or state. Note that:

• HOA CC&Rs cannot conflict with federal, state, or city laws.
• An HOA does not have any authority to force a property outside of its jurisdiction to comply with its CC&Rs
• Selectively enforcing CC&Rs may also be legally prohibitive, as that could be considered discriminatory.

If something doesn’t seem to match up, consult with a board member or your community manager.  

Do you have to follow HOA rules?

It’s always in your best interest to adhere to HOA rules and regulations. When neighbors work together to enhance their association, everyone sees the benefits—from increased property values to a greater sense of community and belonging.

In a community association's governing documents, the Covenants, Conditions & Restrictions (CC&Rs) outline your community’s development, configuration, and operation. Outlining the legal limitations of your community, the CC&Rs also typically include information about fees, special assessments, late payments, maintenance responsibilities, architectural standards, and pet policies.