Can an HOA Enforce Rules After Its Declaration Expires?

Can a homeowners association still enforce its rules if its declaration expires?

Many HOA boards assume their governing documents remain enforceable indefinitely unless someone challenges them.

That assumption can be dangerously wrong.

In this case, a homeowners association attempted to continue enforcing restrictive covenants after its declaration expired—but the court ruled the HOA had lost its enforcement authority because it failed to properly renew the declaration under the voting requirements contained in its own governing documents.

The consequences were dramatic.

According to the court, the association’s restrictive covenants became unenforceable because the required approval threshold for renewal was never met—even though a majority of participating owners voted in favor.

That distinction mattered.

This raises important governance questions for HOA boards and homeowners alike:

• Can restrictive covenants expire automatically?
• Does amending governing documents automatically extend them?
• What happens if renewal deadlines are missed?
• Does abstaining from a vote affect renewal thresholds?
• Can an HOA still collect assessments if its declaration expires?
• What happens to architectural rules, use restrictions, and enforcement authority?

For boards, managers, and homeowners, this is not just theoretical.

Many associations operate under aging governing documents and may never have reviewed expiration provisions, renewal language, amendment thresholds, or declaration enforcement requirements.

Failing to address these issues proactively can create major legal uncertainty.

This featured case review examines a court decision involving an HOA that lost the ability to enforce its restrictive covenants after failing to satisfy the renewal requirements in its declaration.

Associations that wait until enforcement disputes arise may discover critical governance problems too late.