A guide to unenforceable HOA rules in Missouri

Homeowners associations (HOAs) are designed to help communities run smoothly, but not every rule is legally enforceable. Whether you're a board member looking to avoid common legal missteps or a homeowner wondering about your rights, understanding which rules hold up — and which don’t — can strengthen transparency and trust in your community.
 

What are unenforceable HOA rules?

In Missouri, HOA rules can be considered unenforceable if they conflict with local, state, or federal laws, violate homeowners’ protected rights, or were not properly established in the community’s governing documents. While HOAs can set standards for property upkeep, noise levels, and community aesthetics, those rules must still comply with legal protections. If a rule oversteps these boundaries, it may be challenged by homeowners or deemed invalid by the courts.
 

Examples of unenforceable HOA rules in Missouri

Although every case can vary, below are some ways an HOA policy might run into legal trouble:

• Contradictions with local, federal, or state law: Even if a rule is properly voted in, it must align with relevant regulations such as the Missouri Nonprofit Corporation Act, the Fair Housing Act, and other statutes.
  
  Example: An HOA enacts a rule prohibiting all animals, refusing to allow service animals or emotional support animals (ESAs) even with proper documentation. This would violate the Fair Housing Act, which requires HOAs to make reasonable accommodations for individuals with disabilities. This rule would be unenforceable under federal law.
   
• Conflicts with the association’s own covenants, conditions, and restrictions (CC&Rs): Missouri HOAs are typically nonprofit corporations governed by their declarations, bylaws, and sometimes rules or guidelines. For a new covenant or rule to be valid, it can’t conflict with existing HOA covenants or rules.
  
  Example: An HOA’s CC&Rs state that homeowners can install fences up to six feet tall, but the board later enacts a rule limiting fences to four feet. Because the CC&Rs take precedence over the board’s rules, the new height restriction would likely be unenforceable unless the CC&Rs were properly amended.
   
• Imprecise or vague wording: Vague or overly broad rules invite confusion, making compliance a guessing game. Clear, well-defined language helps all owners understand a rule’s scope so the board can enforce it consistently.
  
  Example: An HOA implements a rule stating that “oversized vehicles are not allowed in driveways” without defining what qualifies as oversized. Without specific measurements or criteria, homeowners are left guessing whether their SUVs, trucks, or vans are permitted. If challenged, a court might find the rule too vague to enforce fairly.
   
• Inconsistent enforcement: If a board selectively penalizes some owners and not others for the same violation, the rule may become subject to legal challenge due to arbitrary enforcement.
  
  Example: The board only penalizes one homeowner for leaving a trash can out while ignoring other households with the same violation. The courts might view the rule or its enforcement as arbitrary, undermining the rule’s authority.
   
• Procedural defects: Rules must be approved according to the procedures described in the association’s documents — often requiring a board vote or, in some circumstances, a majority vote of owners. Without that procedural basis, the rule is subject to legal challenge.
  
  Example: The HOA board implements a new parking restriction without notifying homeowners or holding the required vote outlined in the governing documents. Since the board didn’t follow proper procedure, homeowners could challenge the rule’s validity, and a court might rule it unenforceable.
   
• Restrictions that exceed an HOA’s authority: HOAs cannot unilaterally create “public law.” If they step beyond the authority given by their CC&Rs or the Missouri Nonprofit Corporation Act, those restrictions can be struck down.
  
  Example: An HOA tries to impose fines for speeding on a public street that runs through their community, even though its governing documents grant it no authority over roadways owned and maintained by the city. Since the HOA does not control public streets, it cannot legally enforce speed limits or issue penalties for violations.

Examples of enforceable HOA rules in Missouri

Not every contested rule is unenforceable — plenty of board regulations do hold up in Missouri, so long as they’re grounded in the law and fairly implemented:

• Reasonable architectural guidelines: If a community’s CC&Rs outline a clear design approval process for exterior changes — such as painting, fencing, or roofing materials — and the board enforces it consistently, those guidelines are likely enforceable. Courts often side with HOAs on architectural control as long as the restrictions are clearly spelled out and fairly applied.
   
• Assessment and fee collection: By definition, HOAs can collect dues or assessments for community maintenance and improvements. Missouri law (and the association’s own governing documents) typically grant them that power. If owners don’t pay, the board can place a lien on the property, subject to the rules laid out in the CC&Rs and state law. Provided the board follows correct notice procedures, these rules around dues collection are usually enforceable.
   
• Parking or speed limit rules on private roads: HOAs may control roadways within the community if those roads are private. For instance, a posted speed limit on roads owned by the association or visitor parking spaces restricted to 48-hour usage can be valid — again, assuming the association’s documents authorize that oversight and that the rules have been approved per the correct processes.
   
• Reasonable noise and nuisance clauses: Many communities adopt guidelines to keep noise levels low during late-night hours or to address “nuisance behaviors.” If these rules are clearly defined, owners are notified, and enforcement is consistent, they are generally valid under Missouri law. The key is to define what “nuisance” means so that owners can clearly follow the standard.
   
• Pet restrictions: HOAs can enforce reasonable pet rules, such as limits on the number of pets per household or restrictions on certain breeds or pet sizes, as long as these rules comply with fair housing laws. However, restrictions cannot discriminate against service or assistance animals protected under federal and state laws.

How enforceable are your HOA rules?

Creating enforceable HOA covenants in Missouri requires careful planning, clear language, and a commitment to compliance. By working with a trusted property management partner, board members can confidently draft, implement, and uphold rules that protect their communities. At FirstService Residential, we simplify covenant enforcement with expert guidance, proven best practices, and tailored support.
 
Whether you need help refining your governing documents or ensuring fair and consistent enforcement, our team has the resources and experience to support your board every step of the way. Contact our team today.