FEATURED EBOOK: Top Rule Enforcement Strategies: 10 Community Managers' Secrets to Success

Gavel on sound block with man in suit writing in the background

When the CC&Rs are broken, enforcing the rules falls squarely within a board’s fiduciary duty. The governing documents might explain an enforcement process, but it’s not always clear how to execute it as effectively as possible. Serving more than 30,000 communities across four countries, Associa’s vast network of community managers has decades of experience supporting boards through CC&R violations. Read our "Top Rule Enforcement Strategies" ebook to learn what an enforcement process looks like and our experts’ secrets to enforcement strategies that actually work, including:

Set rules and regulations for the community.
Clearly communicate relevant information.
Establish your fining committee early.
Ask for specifics in writing.
Be consistent.
Hold everyone to the same standard.
Revise rules if necessary.
Be reasonable about fines.
Provide inspection data.
Follow-up to ensure compliance.

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What Are CC&Rs?

Remember the many documents you signed when you closed on your home? Among them was a legal form acknowledging that you’d read your HOA’s governing documents and agreed to abide by them. Governing documents include many records, but the most important to homeowners might be the community’s CC&Rs. The CC&Rs detail your community’s development, configuration, and operation. They cover the rights and obligations of members as well as the rights and obligations of the HOA. A lengthy document that entails the legally-binding specifics of your community, you can look to your CC&Rs for information on:

Fees, dues, special assessments, late payments, and more
Maintenance responsibilities, including what the homeowner is responsible for and what the association covers
Architectural standards, like restrictions concerning remodeling and landscaping
Pet restrictions, such as how many or what types of pets are allowed

How Do CC&Rs Differ From the Bylaws and Rules & Regulations?

Within your governing documents, you’ll also find the bylaws and rules and regulations, but figuring out how they differ from CC&Rs can be confusing. CC&Rs and bylaws are both lawful documents and are enforceable by law enforcement. While the rules and regulations of an HOA are legally binding for association members, they generally aren’t enforceable by law enforcement. Instead, violations of association guidelines are considered a civil matter between the HOA and offending member.

Bylaws. Bylaws establish how your association is governed. A guidebook for the HOA board of directors, your bylaws will likely entail particulars on:

Board member nomination and election processes
Board member election frequency
Board member term lengths
Quorum requirements

Rules & Regulations. The rules and regulations are additional restrictions that help enforce or clarify the CC&Rs. They may also include items that aren’t addressed in the CC&Rs or bylaws. Examples of what you’ll find in the rules and regulations include: