Imposing Fines and Other Recourse to Compel Compliance with an HOA’s Governing Documents

State laws and an association’s governing documents grant homeowners associations standing to initiate legal actions that are designed to enforce the association’s governing documents. The association’s board of directors has a duty to enforce the governing documents and when they fail to take appropriate action, homeowners can file actions against the association to compel it to take enforcement action.

In contemplating the appropriate action to take or not take for violations of the governing documents, directors are said to have deference under the “business judgment rule” . Under this rule, the directors[…]