The debate concerning HOA rules vs city ordinances has been going on for many years. A lot of association boards still don’t know whether the city rules trump community guidelines or vice versa. That said, there are clear indicators that make identification easier.
HOA Rules vs City Ordinances: What’s the Difference?
Homeowners associations are known for enforcing strict rules that residents must follow. These rules can range from architectural standards to regulating how residents must behave in shared spaces.
Rules can vary from one community to another, but one thing they must all have in common is compliance with the law. An association’s rules must not conflict with state or local regulations. With this in mind, it is easy to determine the winner in the case of HOA rules vs local laws.
HOA Rules
An association’s rules stem from its governing documents, namely the CC&Rs and bylaws. Many communities also have operating rules, which serve to clarify and support covenants and restrictions.
Association rules are private agreements between the HOA and its members. Residents agree to abide by these rules when they first move into the community. In fact, homeowners even receive a copy of the rules as part of their disclosure documents. This way, they can back out of a sale if they dislike the rules of the association.
City Ordinances
City ordinances are local laws enacted by the local government. They apply to everyone, not just a single neighborhood or its residents. Unlike in HOAs, penalties for noncompliance with local laws can range from monetary fines to jail time.
HOA Rules vs City Rules
In the hierarchy of governance, city ordinances always trump HOA rules. If a conflict exists between the two, local laws control, and the HOA’s rule is void.
This also means that associations can’t create or enforce rules that violate local regulations. That said, communities can enforce stricter standards if the city ordinance is less specific or defers to the association anyway.
Does City Ordinance Override HOA?
In a word, yes. City ordinance does override HOA regulations. For example, in Texas, there are several things that associations can’t outright prohibit. According to Section 202.010, associations can’t ban homeowners from installing solar energy devices. That said, they can enforce regulations, especially if the device endangers the safety or health of others.
In the above example, if an HOA’s governing documents outright prohibit solar energy devices, homeowners may contest the rule. Since Texas law does not permit blanket bans, the rule is void and unenforceable.
Another example would be security measures. Section 202.023 of the Texas Property Code prevents HOAs from prohibiting the installation of security devices, such as security cameras, motion detectors, and perimeter fencing.
This means HOAs can’t deny an owner their right to build or install such devices. Again, there are exceptions. The law allows HOAs to enforce reasonable restrictions concerning the installation of these measures. Additionally, associations can prohibit owners from installing them in common areas or shared property.
Can HOA Override City Ordinances?
No, an HOA’s rules can’t override city ordinances. If the law states that no HOA may prohibit drought-resistant landscaping, for instance, then associations must allow it. Most of the time, the law permits reasonable restrictions, especially when it comes to the health and safety of residents.
While local laws take precedence, there are scenarios that may cause confusion. The law is typically clear about what the exceptions are, if any. Some laws set a bar or minimum, but defer to the association’s governing documents for more specific or stringent regulations.
There are also cases of overlap. For example, an ordinance may allow something, such as certain paint colors or commercial use of residences, but the HOA forbids it.
In this case, the HOA rule controls, as it only applies within the community. It doesn’t necessarily violate local laws, as the ordinance does not say that HOAs have no power to regulate paint colors or commercial activity.
Another example is pets. Local laws may allow owners to keep up to a certain number of pets, but the HOA has a no-pets policy altogether. Barring a state or local law that prohibits no-pets policies, an HOA does have the authority to enforce such a rule if the governing documents grant it.
Laws are often explicit, such as in California, where Civil Code Section 4715 prohibits associations from keeping at least one pet. That said, many laws also have room for interpretation or straddle a gray area. For those types of laws, it is best to consult legal counsel or the community manager for the right path forward.
HOA vs City Ordinances: Who Enforces the Rules?
In an HOA community, it is the responsibility of the board to enforce the rules. The board (or a separate committee):
- Conducts inspections for potential violations or accepts complaints from residents,
- Send a notice of violation with key details about the alleged offense, along with potential penalties and an opportunity to be heard,
- Arranges a disciplinary hearing before the final decision (if the owner chooses), and
- Implements the penalty.
Many associations give owners a chance to correct the alleged violation before taking further action, especially if it’s the first offense. If the owner fails to correct it, they can face a number of possible consequences, including but not limited to:
- Monetary fines,
- Suspension of privileges, and/or
- Legal action.
The options available to an association will depend on state laws and the governing documents. In Texas, HOAs don’t have the automatic right to levy fines. That authority must be explicitly granted by the governing documents. Additionally, HOAs must follow certain notice requirements.
As for city ordinances, it is the job of the police or other local authorities to enforce them. If a homeowner needs a permit for renovations, for instance, they must go through the proper channels.
Can Police Enforce HOA Rules?
Generally, no. It is not the responsibility of the police to enforce the association’s rules. That responsibility lies with the HOA board or a separate committee.
That said, the HOA can obtain assistance from the police if the breach involves a criminal act. Sometimes, minor issues can also escalate into major problems, such as harassment or threats, which would necessitate police involvement.
HOA Rules vs City Ordinances: Explained!
Differentiating between the HOA rules and city ordinances can come as a challenge, especially to self-managed boards. Fortunately, an HOA lawyer or manager can help navigate the ins and outs of these two governing items, allowing the association to limit liability.
Creative Management Company offers association management services to HOAs and condo communities in Greater Houston. Call us today at 713-772-4420 or contact us online to learn more!
Related Articles:
- ADA Compliance Checklist For HOAs In Texas
- What Do HOA Management Companies Do vs The HOA Board?
- HOA Legal Terms Every Board Member Should Know
