Can HOAs Enforce New Rules Despite Past Violations? A 2026 Case Explains

Most homeowners assume that if an HOA has not enforced a rule in the past, it cannot suddenly start enforcing it now.

But a recent 2026 court decision shows that is not always the case.

In Roberts v. Ballard Woods Homeowners Association, the court addressed whether an HOA can enforce newly adopted rules even when similar violations existed throughout the community before the rule was implemented. The case involved homeowners who built a structure without approval after being denied permission, relying on the fact that other nonconforming structures were already present in the neighborhood.

The court rejected that argument and clarified an important legal principle: prior violations do not necessarily prevent an HOA from enforcing new restrictions going forward. Instead, the focus is on whether the association enforces the rule consistently after it is adopted.

This case highlights how courts analyze HOA rule enforcement, amendments to governing documents, and claims of selective enforcement. This distinction has significant implications for both HOA boards and homeowners, particularly in communities where enforcement has historically been inconsistent.

This is a members-only article. Continue reading to understand when an HOA can reset its rules and what that means for your rights and obligations.