HOA Enforcement: Everything you need to know

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

What are HOA rules?

Homeowners association (HOA) rules are the guidelines that shape daily life within a planned community. They’re generally written into the Covenants, Conditions & Restrictions (CC&Rs), supplemented by bylaws and other governing documents that outline operational details. These documents can address architectural guidelines, lawn maintenance, parking regulations, noise levels, trash disposal, and much more.

The purpose of these rules is to protect property values and maintain the integrity of the community. Homeowners agree to abide by them when they purchase property within the association. Because West Virginia does not have a single state agency overseeing HOAs, the specific rules and how they are enforced can vary significantly between communities. This makes it crucial for board members to apply enforcement consistently and fairly.
 

What is HOA enforcement?

HOA enforcement refers to the process by which a homeowners association monitors and addresses rule violations within the community. Enforcement is a necessary function of HOA governance, as it upholds the guidelines that homeowners agreed to when purchasing their property.

Proper enforcement is often considered an important factor in protecting values, minimizing disputes, and strengthening community trust. However, the way rules are applied must be clear, consistent, and legally compliant to avoid unnecessary conflicts.

Board members and property managers are responsible for overseeing compliance. A well-structured enforcement process, backed by a professional management team like FirstService Residential, can help avoid many of the common pitfalls that arise in rule enforcement.
 

HOA enforcement methods

The specific methods an HOA uses to enforce rules depends on the severity of the violation, the association’s governing documents, and applicable laws in West Virginia. Some common enforcement methods include:

• Notices and warnings: The first step in enforcement is typically a friendly reminder. Many HOAs start by notifying the homeowner of the violation in writing, giving them an opportunity to correct the issue.
   
• Penalties: If a violation is not addressed after an initial warning, the HOA may impose a fine as outlined in the governing documents.
   
• Suspension of privileges: Some associations have the authority to restrict access to amenities (such as pools, clubhouses, or parking facilities) until a violation is corrected.
   
• Legal action: In more serious cases, an HOA may have the authority to pursue legal action, including seeking a court order to enforce compliance.
   
• Property liens: Depending on the governing documents and applicable state laws, an HOA may have the authority to place a lien on the property, which could impact the homeowner’s ability to sell or refinance.
  
  HOAs should consult with qualified legal counsel before implementing enforcement actions to support compliance with applicable laws and governing documents.

Challenges of enforcing HOA rules

Some self-managed HOA boards may face difficulties when enforcing community rules for a variety of reasons:

• Inconsistent enforcement: If one homeowner is penalized for a violation while others with the same infraction are not, it can lead to accusations of unfair treatment and potential legal disputes.
   
• Legal complexities: HOAs must comply with both West Virginia laws and their own governing documents when issuing fines, suspending privileges, or taking legal action. Failing to follow proper procedures may invalidate enforcement efforts.
   
• Ambiguous rules: Some CC&Rs may contain vague language, making it difficult to determine whether a violation has occurred. For example, if the rules state that lawns must be "well-maintained" but do not define what that entails, enforcement may become subjective.
   
• Lack of documentation: Proper record-keeping is crucial in enforcement. If a violation is challenged, the HOA must have clear documentation, including photos, timestamps, and written notices, to support its actions.
   
• Changing regulations: Local and state laws governing HOAs evolve over time, sometimes requiring updates to enforcement procedures. For instance, new legislation may restrict an HOA’s ability to fine homeowners or impose limits on the types of violations that can be penalized.
   
• Resource constraints: Smaller HOAs or those without professional management may struggle with enforcement due to limited personnel, lack of experience, or insufficient legal knowledge. This can result in delayed or inconsistent responses to violations.

To navigate these challenges effectively, many HOAs work with professional property management companies like FirstService Residential, which can provide expert guidance on enforcement strategies, legal compliance, and efficient rule administration.
 

What is selective enforcement?

Selective enforcement occurs when an HOA enforces rules against certain residents while overlooking identical violations committed by others. This could stem from personal biases, or it could happen unintentionally — for instance, if one violation is easier to observe than another, or if the board was unaware that similar issues exist elsewhere.

Many HOAs have guidelines on how to handle complaints, investigate potential violations, and track enforcement actions so that all cases can be treated uniformly. When boards review consistent documentation, keep accurate records, and follow well-defined procedures, they can minimize the potential for claims of selective enforcement. Failure to enforce rules consistently could expose an HOA to legal challenges, including potential claims of discrimination or unfair treatment. Board members should consult with legal counsel when facing enforcement disputes.
 

What to do if your HOA isn’t enforcing rules

If you believe your HOA isn’t actively enforcing its rules, the first step is to review the governing documents to confirm the specific policy in question. Some rules may have provisions that allow for discretion in enforcement, while others require strict compliance. Understanding these distinctions can clarify whether a rule is truly being ignored or if flexibility is built into the association’s guidelines.
If concerns remain, addressing the issue directly with the board may be the most effective course of action. Your governing documents may outline a specific procedure for filing a complaint. Attending a board meeting or submitting a formal request for discussion can also allow homeowners to raise their concerns in a structured setting. In many cases, board members may be unaware of the problem or may be in the process of addressing it through formal procedures.
 

What to do if your HOA isn’t following rules

Just as homeowners are expected to comply with HOA regulations, board members must also follow the association’s governing documents and state laws. Although rare, an HOA board might occasionally overlook or deviate from its own procedures. This can be unintentional — perhaps new board members aren’t fully familiar with the documents, or a busy schedule led them to postpone official responsibilities.

If a homeowner believes the board is acting outside of its authority, reviewing the governing documents is essential. The CC&Rs, bylaws, and West Virginia regulations provide a framework for how decisions should be made and enforced. If a homeowner believes there is a clear discrepancy between the board’s actions and the association’s rules, they may be able to formally request a review or seek clarification on the decision-making process.

FirstService Residential has over 30 years of experience helping HOA boards in West Virginia create a structured approach to rule enforcement that aligns with governing documents and state regulations. Contact us today for more information.