Covenant enforcement is a core responsibility of every homeowners association (HOA) board. These covenants are more than just guidelines—they are legally binding agreements that preserve property values, maintain community standards, and ensure fairness among all homeowners. Yet, enforcement can be one of the most difficult and misunderstood aspects of HOA governance. Without consistency and clarity, boards risk undermining their authority, damaging community trust, and even exposing themselves to legal liability.
This guide will help HOA board members understand what covenants are, how they can be enforced appropriately, and the consequences of failing to do so effectively.
What Are HOA Covenants?
Covenants are rules and restrictions outlined in a community’s governing documents—specifically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These documents are legally binding and automatically apply to all homeowners upon purchase of a property in the community.
Covenants cover a broad range of topics, including:
- Property appearance and architectural standards
- Landscaping maintenance
- Parking restrictions
- Noise limitations
- Leasing rules
- Use of shared amenities
- Pet policies
There are also restrictive covenants, which limit certain activities or uses of property in order to protect the overall look, function, and value of the community. These are sometimes referred to as deed restrictions.
Are HOA Covenants Enforceable?
Generally, yes—but only if the HOA has followed the correct procedures for creating and recording the covenants, and the rules do not conflict with state or federal laws. Covenants must be applied uniformly, must not infringe on individual rights (such as free speech or religious expression), and must fall within the scope of the HOA’s legal authority. If these conditions aren’t met, the covenant may be deemed unenforceable in court.
Key Pitfalls That Can Undermine Enforcement
HOA boards must be careful to avoid several common missteps:
- Selective Enforcement: Applying the rules inconsistently can result in legal claims from homeowners and damage board credibility.
- Laches: Failing to act on a violation in a timely manner can result in a loss of enforcement rights.
- Estoppel: If a board member gave an owner permission to violate a covenant—intentionally or not—the board may lose its ability to enforce it.
- Conflict with Higher Laws: Federal and state laws will always override HOA covenants. For instance, rules restricting satellite dishes may be invalid due to the FCC’s OTARD Rule.
Steps for Enforcing HOA Covenants
When a covenant violation occurs, the board has several options to address the issue. The goal should always be to resolve the situation fairly, consistently, and in accordance with governing documents and applicable law.
- Send a Warning Notice
Start with a written warning that outlines the specific violation, the relevant covenant, and what actions are expected from the homeowner. Provide a reasonable time frame for resolution and include contact information in case the homeowner wishes to contest or clarify the issue.
- Impose Fines
If the violation is not resolved after the warning, a fine may be levied in accordance with the community’s governing documents and state laws. The fine should be proportionate to the infraction and clearly documented. Boards must also provide an opportunity for the homeowner to be heard before a fine is finalized.
- Suspend Rights and Privileges
Boards may have the authority to suspend access to amenities or voting rights if violations persist. This approach can be effective for homeowners who frequently use shared facilities like pools or gyms. Essential services, such as water or electricity, must never be denied.
- Use Self-Help (When Permitted)
In limited situations, and only if explicitly allowed by governing documents, the board may correct a violation directly (e.g., removing a prohibited structure or trimming overgrown landscaping). This must be done cautiously and documented thoroughly to avoid liability claims. Boards should always consult legal counsel before taking this step.
- Pursue Legal Action
For persistent or serious violations, the board may need to take the matter to small claims court, arbitration, or mediation, depending on the situation and what the governing documents allow. Filing a lien on the property is also an option in certain cases, especially if the violation involves unpaid dues or fines.
- Contact Authorities (for Illegal Activity)
If a violation involves illegal activity (such as drug use, violence, or safety threats), law enforcement may need to be involved. HOA boards should not attempt to handle criminal matters themselves.
Legal Consequences of Failing to Enforce Covenants
Failing to enforce covenants fairly and consistently can result in:
- Decreased property values and deterioration of community standards
- Legal liability for the association and board members
- Loss of homeowner trust and engagement
- Difficulty enforcing future rules due to perceived bias or inaction
The Importance of Standard Procedures and Communication
To ensure consistent enforcement, HOAs should:
- Maintain a written covenant enforcement policy
- Keep accurate records of all violations and enforcement actions
- Provide regular communication and education for homeowners about community rules
- Review and update governing documents with legal guidance as needed
When to Seek Professional Support
Boards that are struggling with covenant enforcement, especially those led by volunteers with limited experience, may benefit from working with a professional HOA management company. These companies can assist with routine compliance inspections, homeowner communication, legal consultation, and proper enforcement procedures. Their involvement can also help depersonalize difficult enforcement issues and reduce conflict between neighbors.
Conclusion
Effective covenant enforcement is essential for protecting community values, aesthetics, and harmony. While enforcing rules can be uncomfortable, doing so fairly and consistently is one of the most important duties of an HOA board. By following due process, staying informed about legal responsibilities, and relying on expert support when needed, HOA boards can confidently uphold the standards that make their communities thrive.
If your board is struggling with consistent enforcement or facing pushback from homeowners, working with a trusted management partner may be the right next step. Gordon James Realty offers experienced HOA management services tailored to your community’s needs. Contact us today to learn how we can help ensure smooth and compliant operations.
