Enforcement of HOA Governing Documents with Court Ordered Injunctions

An important responsibility of homeowners’ association directors is the enforcement of the homeowners association’s governing documents, especially the CC&Rs and operating rules. When the directors become aware of violations, they must make decisions regarding whether, how and to what extent the violation will be addressed by the board. When considering a course of action relative to a specific violation, association directors should consider the nature and extent of the violation, past violations involving the same people; costs that will be incurred in connection with enforcement action; the impact of their action, or lack of action, on future enforcement efforts; and, if disputed, the chances of success. Clearly a minor violation like having burnt out light over a garage door should not be treated the same way as a more serious violation like constructing an improvement that alters the exterior of an owner’s house without required HOA approval.