Tuesday October 06, 2026
What are HOA policies?
HOA policies are written rules and regulations that guide how the association handles specific day-to-day issues.Examples of HOA policies
HOA policies or rules might address things like:
- Parking and vehicle restrictions
- Use and hours of community amenities
- Architectural application procedures
- Trash can rules and recycling procedures
- Pet-related community standards
- Maintenance responsibilities
- Collection procedures
- Violation and enforcement processes
What are HOA bylaws?
HOA bylaws set the ground rules for how the association itself is run, from board elections and officer roles to meetings, voting, and amendments.The Delaware Uniform Common Interest Ownership Act (DUCIOA) defines bylaws as “the recorded document (and any recorded amendments thereto) that contains the procedures for conduct of the affairs of the association of a common interest community...” (25 Del. C. § 81-103(6)).
Examples of HOA bylaws
Common HOA bylaws include:- The number of board members
- President, secretary, treasurer, and other officer positions
- Board member qualifications and terms
- Election and removal procedures
- Procedures for filling board vacancies
- Board and HOA meeting requirements
- Voting and quorum procedures
- Powers that can be delegated to a manager or another person
- Procedures for amending the HOA bylaws
HOA policies vs. HOA bylaws vs. HOA CC&Rs
The easiest way to understand HOA policies vs. HOA bylaws vs. HOA CC&Rs is to look at the role each one plays in the community:- HOA CC&Rs or declaration: Set the broader rules, rights, and responsibilities that apply to the community and its homeowners.
- HOA bylaws: Explain how the association itself is governed, including how the board operates and how association business is handled.
- HOA policies and rules: Cover more specific day-to-day standards and procedures that help put the governing documents into practice.
Eight tips for making great HOA policies
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Remember that moderation is key to making good HOA policy.
It’s human nature to react strongly in the face of an issue. The bigger the issue, the greater the temptation is to write an overly strict rule in response, but that will likely cause more trouble in the long run. Keep perspective, take care not to excessively penalize small infractions (especially for first-time offenders), and be open to reasonable exceptions when warranted.
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Communicate clearly.
While considering any new HOA policy, ask residents for their input: how much does this mean to the community? Find areas of possible pushback and address them. Once consensus has been built and the policy has been created, the rule may need to be voted on and added to the bylaws and/or the association’s governing documents. It’s not always the case that rules need to be added to bylaws or covenants. Check with your association attorney if you have any questions about how to implement the policy correctly.
Once the community has reached a consensus, the board must effectively communicate the new policy through all available means: posted signs and flyers, social media, community newsletters, and email. Residents need to be aware and have enough time to comply before violation notices begin to be issued. People cannot be held to a standard they don’t know about.
A quality property management company, such as FirstService Residential, will have a system available to assist with these crucial communications.
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Keep it simple.
Following the rules should be easy, and they shouldn’t require a thesaurus to understand. If it is difficult for homeowners to meet a standard set by a new policy, it’s not a good policy. Explain the difference between HOA policies vs. HOA bylaws and the penalties for violating policies.
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Let common sense rule.
Design new policies and rules with a specific outcome or goal. If a rule doesn’t achieve something concrete, take a look at why it’s being brought up for consideration. If the rule creates a bigger problem than already existed, it’s not a good rule. If a rule isn’t necessary, don’t make it. Avoid political or personal pressure by taking a moment to reassess the need for a new policy. Always balance protecting homeowner freedom with resident safety and well-being, as well as property values.
When making policy, keep local laws and ordinances in mind; mirror them when appropriate. It can give the policy more validity and another avenue of enforcement. All new policies should be vetted by the association’s attorney so that they don’t run afoul of existing laws or conflict with the association’s existing rules.
Keep penalties for violating rules in line with the policy being violated and consider leniency for a time when a rule is first implemented. A progressive system of a friendly reminder, followed by a written warning, then an official violation notice and penalty is one way to go.
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Enforce violations consistently and fairly.
Your professional property management company is there to help enforce rules the right way and follow up to confirm that the situation is resolved, if needed. If residents feel like they won’t be treated consistently or fairly, they have little motivation to comply with a policy.
Provide the resident who has committed a violation with proper written notice of that violation, along with a clearly detailed description of the consequences, as detailed in the association’s governing documents and applicable law. The resident must have an opportunity to respond if desired, following the process already put in place by the association. Keep in mind that they have a right to legal counsel if they feel they are being treated unreasonably.
If your community has been lax on policy enforcement, you can fix that easily. To revitalize your community and your rules, check with your association’s legal counsel first. Send a notice to residents and let them know that policy enforcement will begin on a certain date. Include a reminder of specific policies that are of concern (Smoking in the wrong areas? Pool use after hours?) and details of how the violation process works.
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Leave room for exceptions.
There’s no perfect world in which every policy can apply to every resident in every situation. Both compassion and common sense are part of the equation when we recognize that. Allow room for personal judgment when appropriate, and for leniency if reasonable and warranted.
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Check on your rules annually.
Take a look at the policies and rules in your association every year. Are they all still necessary? Are they still applicable? Does a rule made five years ago still make sense? Check that no new legislation has been passed that may make a rule obsolete. Eliminate or update policies as needed.
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Be wary of anonymous complaints.
Think of a complaint from an unverified source or an unnamed source as gossip. There’s no way to gauge the justification or motivation of any anonymous complaint. As with all complaints, investigate independently before taking any action. Consider creating a complaint form that states that a complaint must have contact information attached to it in order to be seen as valid.
For more information on how a professional management team and communication tools can assist your association, contact FirstService Residential, Delaware’s leading community management company.
This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.