HOAs Should Not Selectively Enforce Their Governing Documents

The directors of a homeowners association (“Association” ) are responsible for interpreting and enforcing of the Association’s governing documents. There are generally no clear cut guidelines that specify when an Association must take action to enforce the provisions of its governing documents against homeowners and the frequency of enforcement actions typically varies from community to community. However, when there are issues that relate to matters that could affect the health and safety of others, the Association’s directors have a duty to take appropriate action. When such issues are not involved, an Association has more discretion about undertaking enforcement procedures against homeowners.