HOA not enforcing rules? Everything you need to know

What are HOA rules?

HOA rules are the governing standards set by a homeowners association (HOA) to maintain appearance, property values, and overall function. They may cover everything from architectural guidelines to noise restrictions to pet policies.

In Tennessee, as in many states, HOAs operate under authority granted by both state law and their governing documents, which are typically provided at the time of purchase. These typically include the Covenants, Conditions, & Restrictions (CC&Rs), bylaws, rules and regulations, and other community-specific policies. The HOA board, made up of elected volunteer homeowners, is responsible for overseeing the enforcement of these rules.

While the structure of rules may vary from one community to another, their intent is generally the same: to provide clear standards that benefit all residents. However, the existence of a rule is only part of the equation. Consistent enforcement is just as important.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

How are HOA rules enforced?

HOA rules are enforced through a consistent process of observation, communication, and resolution guided by the board and supported by management partners.

Enforcing HOA rules is one of the most essential functions of a board of directors. While enforcement policies can differ slightly across communities, most follow a general framework that includes observation, documentation, communication with the homeowner, and a process for resolution.

Typically, the process starts when a potential violation is observed, either through routine inspections by management or by reports from other residents. The next steps usually include:

• Notification: A written notice is sent to the homeowner, identifying the rule in question and requesting that the violation be corrected.
   
• Follow-up: If the violation continues, additional notices or fines may be issued, depending on the community’s policies.
   
• Resolution: Most issues are resolved through communication and cooperation. In more complex cases, the board may schedule a hearing or collaborate with a management partner to help guide the process and support a timely, thoughtful resolution.

Professional property management companies like FirstService Residential play an important role here, supporting the board with operational experience, documented procedures, and technology to streamline the enforcement process. With a proactive approach, we help communities address issues before they escalate.
 

What to do if your HOA is not enforcing rules

If you believe your HOA is not enforcing rules, start by reviewing your governing documents and raising your concerns constructively with your board. Consider attending a board meeting, or volunteering to get more involved with the board itself.
 

Review governing documents

Look at your association’s bylaws, CC&Rs, or rules and regulations for the specific enforcement process. Sometimes, it may appear that the HOA is not enforcing rules when they’re actually following established steps that aren’t obvious at first.
 

Document the issue

Maintain records of correspondence, meeting minutes, timelines, and any photos that relate to the concern. Clear documentation helps the board or property manager understand the issue more fully and respond effectively.
 

Meet with the board

Consider requesting a meeting with the board of directors or attending the next scheduled open meeting. Bring a copy of your community’s governing documents and clearly reference the rule or bylaw in question. Prepare a written summary of your concern, supported by any photos or documents that illustrate the issue. You may discover they’re already dealing with the matter behind the scenes, or you might have an opportunity to speak up and share your perspective. There may be valid reasons why an HOA is not enforcing rules at a given moment — such as an active grace period, pending updates to the policy, or a lack of verifiable documentation. It’s understandable to feel frustrated if you think the board isn’t addressing a persistent issue. However, working collaboratively goes a long way. Polite, fact-based dialogue usually leads to better outcomes than heated exchanges.
 

Volunteer

If you're passionate about how rules are managed, consider joining a committee or running for the board. FirstService Residential often helps boards identify and onboard new leaders, offering training and resources to support a smooth transition.
 

What happens if an HOA violates its own rules?

Sometimes, residents may feel that the HOA itself has failed to follow its own rules. This might involve inconsistent application of fines, missed deadlines, or decisions that appear to go against governing documents.

First, it’s important to document the concern clearly and respectfully. The most effective way to raise this is typically by submitting a written inquiry or request for clarification through your HOA’s established communication channels.

Boards can occasionally make mistakes, especially when interpreting complex or outdated documents. In many cases, issues like these are best resolved with the help of a management partner like FirstService Residential. We support boards by providing clear operational guidance, helping interpret governing documents, and working to apply community policies consistently and thoughtfully so that residents and board members alike can feel confident in the process.
 

Selective enforcement

Selective enforcement is the inconsistent application of HOA rules. In most associations, selective enforcement is something boards aim to avoid. It can undermine credibility and lead to misunderstandings among neighbors. When a board has standard processes for handling concerns, it’s far easier to apply the same steps every time. That’s why it's critical to maintain clear documentation, follow established procedures, and communicate any changes in policy effectively.

Boards sometimes struggle with consistent enforcement if they’re self-managed or have limited resources. They may only notice (or respond to) what’s most visible. Or they might rely solely on resident complaints, which can create the appearance of inconsistency if no one logs a complaint about a similar issue next door.

At FirstService Residential, we help boards in Tennessee take a proactive approach. We implement consistent inspection schedules, provide standardized communication templates, and offer guidance on prioritizing violations in a way that aligns with the community’s values and legal obligations. Our aim is to support fair, transparent governance that residents can trust.

Connect with our team today to learn how FirstService Residential can support your Tennessee board and enhance the resident experience in your community.