Can an HOA Enforce a Rule That Is Not in the Governing Documents?

A homeowner receives a violation notice for parking on the street, leaving a trash container outside or making a change to the property.

He then searches the governing documents but cannot find the exact rule mentioned in the notice.

This leads to a common question: Can an HOA enforce a rule that is not written in the governing documents?

The answer is not always a simple yes or no.

Sometimes the board has authority to adopt additional rules. However, that authority normally comes from the declaration, bylaws, state law or another governing document. Hence, it is important to understand where the rule came from and whether the proper process was followed.

HOA Documents Do Not All Have the Same Authority

An HOA may have several documents, however they do not all carry the same level of authority.

The document structure generally includes:

• Federal, state and local laws

• Declaration or CC&Rs

• Articles of incorporation

• Bylaws

• Rules and regulations

• Board policies and resolutions

• Architectural guidelines

A lower-level document normally cannot conflict with a higher-level document.

For example, a board-adopted parking rule should not contradict a parking right that is clearly provided in the declaration. Similarly, an architectural guideline cannot remove a property right granted by the CC&Rs unless the governing documents and applicable law allow such a change.

This is why looking at only one document may not provide the complete answer.

The Declaration May Give the Board Rulemaking Authority

The declaration may not contain every operational rule followed by the community.

Instead, it may contain a broader provision authorizing the board to create reasonable rules for common areas, parking, amenities, architectural changes or community operations.

For example, the declaration may state that the board can regulate the use of community amenities. The board may then adopt separate rules specifying pool hours, guest limits or reservation requirements.

In this case, the exact pool rule may not appear in the declaration. However, the authority to create that rule may come from the declaration.

Hence, the first question should not be only, “Where is this exact rule written?”

It should also be, “Which provision gives the board authority to create this rule?”

Rules and Regulations Are Also Governing Documents

Many homeowners assume that only the declaration and bylaws can be enforced.

However, properly adopted rules and regulations may also be enforceable depending on the association’s documents and applicable state law.

These rules may cover:

• Parking

• Pool and amenity use

• Trash containers

• Pets

• Noise

• Guest access

• Common-area conduct

• Architectural application procedures

The board may use rules and regulations to provide more detail on subjects already addressed by the declaration.

For example, the declaration may authorize the association to regulate parking. The separate rules may specify where residents and guests can park, how long vehicles can remain in certain areas and what happens when a vehicle violates the rule.

When a Board-Adopted Rule May Be Valid

A board-created rule may be valid when:

• The governing documents give the board authority to create the rule

• The rule does not conflict with the declaration, bylaws or applicable law

• The rule was adopted using the required process

• The rule is reasonable and related to the association’s responsibilities

• Homeowners were properly informed about the rule

• The rule is applied consistently

The exact requirements may vary based on the community’s documents and state law.

Some associations may require advance notice before adopting a rule. Others may require a board vote during a properly noticed meeting. Certain changes may even require approval from the homeowners.

Hence, simply calling something a “board rule” does not automatically make it enforceable.

When a Rule May Be Questionable

A rule may require further review when:

• Nobody can identify the authority supporting it

• The rule conflicts with the declaration

• The board did not follow the required adoption process

• Homeowners were never properly informed

• The rule is enforced against some homeowners but ignored for others

• The rule exists only as an informal practice

• The rule was communicated through a casual message but never formally adopted

For example, something repeatedly mentioned in emails or community conversations does not necessarily become an official rule.

Similarly, the statement “we have always done it this way” may explain a past practice, however it does not automatically establish legal authority.

The governing documents and official association records provide a better place to start.

Consider a Parking Example

Assume that a homeowner receives a violation for overnight street parking.

The homeowner reviews the declaration but does not find any sentence stating that overnight street parking is prohibited.

Before concluding that the violation is invalid, several questions should be reviewed:

• Does the declaration authorize the board to regulate parking?

• Is there a separate parking policy?

• Was the policy properly approved?

• Was the policy distributed to homeowners?

• Does the association control the street?

• Is the street public or private?

• Does the policy conflict with any higher-level document?

• Is the policy being enforced consistently?

The answer may be spread across the declaration, rules, meeting minutes, parking policy and local government records.

This is exactly why HOA questions become difficult even when the community has maintained detailed records.

What Homeowners Should Do

A homeowner who receives a violation should first ask for the exact rule and supporting document section.

The request can be simple:

“Please provide the governing document, rule or policy section supporting this violation.”

After receiving the information, the homeowner should review:

• The exact wording of the rule

• The board’s authority to create the rule

• The effective date

• Any related amendment

• The violation and hearing procedure

• Whether the same rule is being applied consistently

The goal should be to understand the source before assuming that the rule is either valid or invalid.

What HOA Boards Should Do

Boards should avoid sending violation notices that contain only a general statement.

A better notice should identify:

• The action that caused the violation

• The applicable document or policy

• The article, section or rule number

• The required corrective action

• The deadline for correction

• The owner’s hearing or appeal rights, when applicable

This helps the homeowner understand the issue and reduces unnecessary arguments.

It also protects the association from relying on memory, informal practices or inconsistent interpretations.

How AskMyHOA Helps

AskMyHOA allows the community to upload declarations, bylaws, rules, architectural guidelines, policies and amendments in one place.

A homeowner or board member can then ask:

“Can the HOA prohibit overnight street parking?”

AskMyHOA can search the uploaded documents and identify the sections related to parking, board authority and enforcement.

The user can then review the cited sources instead of searching every document manually.

The governing documents remain the source of truth. AskMyHOA simply helps people find the relevant information and understand how the documents may relate to each other.

Some Questions Still Require Legal Review

AskMyHOA does not decide whether a rule is legally enforceable.

The final answer may depend on state law, local ordinances, court decisions, the adoption process and specific facts that are not contained in the uploaded documents.

In such cases, the board may need guidance from its property manager or association attorney.

However, finding the relevant document sections is still an important first step. It allows everyone to have a more informed discussion based on the actual records.

Start by Asking for the Source

An HOA rule should not depend only on someone’s memory or a statement that the community has always followed it.

There should be a source.

The exact rule may appear in the declaration, a separate policy or properly adopted rules and regulations. In other cases, the board may be relying on an informal practice that requires further review.

Hence, before debating whether a rule is fair or unfair, first determine where it came from.

That answer can change the entire conversation.