For communities that are governed by a homeowners association, there will always be mixed reactions to the rules or regulations that are handed down. The purpose of these expectations is to ensure that the community runs properly and orderly, but these rules can only be enforced with they are not in conflict with any state or federal laws. It is important, too, that HOA enforcement takes place in order to protect the entire community.
The Nature of the Rules
Not all HOA rules are easily understood or interpreted, but the board has due authority to ensure that the regulations are enforced when legally allowed. Discriminatory rules cannot be enforced, neither can other actions that would go against the fair housing act. These laws open the HOA up to potential litigation. The regulations that are permissible bring value to the community and HOA, even if they are only used as a deterrent rather than a rule that can be realistically enforced.
The Benefits of Enforcement
The duty to enforce agreed-upon regulations is partially motivated by concern for the community, but also because of the liabilities that may come from adverse events occurring. The covenants of HOA agreements must be impartial and applicable to all members of the community.
HOA boards have many things to consider when governing a community. Legal liabilities are a prime concern, as an HOA could be subject to litigation from those who perceive wrongdoing or injustice.