HOA Violations vs. City Code Violations: Who’s Really in Charge?

Your HOA governs your property’s appearance and shared spaces based on its private rules, while the city enforces public health, safety, and zoning laws that apply to everyone. You must follow both sets of rules, but they have different purposes and enforcement powers.

What happens when rules overlap? If your HOA permits a tall fence but city code restricts its height, the stricter rule wins. City codes typically override HOA covenants when there’s a direct conflict, especially on safety matters.

This guide explains exactly when to contact your HOA and when to call City Hall. You will learn how to handle conflicting rules, dispute unfair fines, and protect your property rights. Understanding this division of authority saves you time, money, and frustration with neighborhood disputes.

Understanding HOA and City Code Enforcement Authority

Your Homeowners Association operates under its own set of private governing documents, primarily the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the Bylaws. These are essentially a contract you agree to when you buy a property within the community.

Municipal codes, on the other hand, are public laws enacted by your city or county government. Jurisdiction determines which set of rules applies in a given situation, based on whether the issue is private or public in nature. Your HOA enforces private community agreements, while the city handles matters affecting the broader public.

• HOA Board: A volunteer body of homeowners that manages the community, enforces the CC&Rs, collects dues, and maintains common areas.
• City Code Enforcement Office: A government department that responds to complaints and ensures compliance with local health, safety, and zoning ordinances for all properties within the city limits.

Key Differences Between HOA Rules and City Ordinances

1. HOA rules focus on your community’s specific aesthetics and standards, while city ordinances address fundamental public welfare. Your HOA might regulate your home’s paint color or landscaping, but the city will enforce laws against blocked fire hydrants or structurally unsafe buildings.
2. An HOA typically uses financial penalties like fines, and can eventually place a lien on your property for unresolved violations. City enforcement can lead to hefty civil penalties, criminal misdemeanor charges, or even court-ordered corrective actions.
3. Disputing an HOA violation usually involves an internal process, such as a hearing before the board of directors. Challenging a city code violation often requires navigating the municipal court system or a hearing with a city-appointed official, which is a public legal proceeding.

Common Violations and Who Enforces Them

Property Maintenance Issues

• Overgrown Lawns and Landscaping: Your HOA will enforce this based on community standards. The city typically only intervenes if the neglect creates a public health issue, like a rodent infestation.
• Trash Can Storage: An HOA rule may require you to store bins out of sight except on collection day. City code might only get involved if the bins are causing an obstruction on a public sidewalk.
• Peeling Paint or Damaged Siding: This is almost always an HOA violation concerning community appearance, unless the damage poses a safety hazard that would trigger city code.

Parking and Vehicle Regulations

• Street Parking: On public streets, city ordinances governing parking time limits or restrictions are supreme. On private community roads, your HOA’s rules about overnight parking or commercial vehicles are the primary authority.
• Abandoned Vehicles: An HOA can have a vehicle towed from community property for being inoperable. The city can also tow a vehicle from a public street if it violates local ordinances regarding registration or abandonment.
• Garage Use: An HOA may require you to park cars inside your garage. The city generally has no rule about this unless a vehicle is being stored in a front yard, violating zoning codes.

Building and Structural Modifications

• Permits: You must always obtain the required city building permits for safety and zoning compliance. You must also get approval from your HOA’s architectural review committee for the design and aesthetics of the project.
• Fences: Your HOA dictates the fence’s style, material, and height to maintain a uniform look. The city building code sets the maximum legal height and regulates its structural safety and placement on your property line.
• Room Additions: The city ensures the addition is structurally sound and doesn’t violate zoning setbacks. Your HOA ensures the new construction adheres to the community’s architectural guidelines and doesn’t negatively impact neighbors’ views or privacy.

Enforcement Mechanisms: Fines, Liens, and Penalties

When a violation occurs, the process for addressing it differs significantly between your HOA and your local city government. Understanding the enforcement steps helps you protect your rights and manage your responsibilities as a homeowner. In HOA violation proceedings, understanding due process protects your rights to notice, a hearing, and a fair review. Knowing these steps helps you respond appropriately and minimize disputes.

HOA Violation Process

1. You will receive a formal written notice detailing the specific covenant, rule, or bylaw you have violated.
2. This notice typically provides a grace period, often 10 to 30 days, for you to correct the issue.
3. If the problem isn’t fixed, the HOA board will vote to impose a fine, following the schedule outlined in your governing documents.
4. The HOA will send you an invoice for the fine, which may recur daily or weekly until you achieve compliance.
5. After a set number of unpaid fines, the HOA may suspend your community privileges, like pool or gym access.

City Code Violation Process

1. A city code enforcement officer issues an official citation or a “Notice of Violation” after observing the problem or receiving a complaint.
2. You are given a deadline to correct the issue, such as fixing a dangerous fence or removing junk cars.
3. Failure to comply can lead to a hearing before a municipal code enforcement board or a hearing officer.
4. At this hearing, you can present your case, but if you lose, the city will impose civil penalties.
5. These fines are often substantial and can accrue daily, sometimes reaching thousands of dollars.

Liens for Unpaid Fines

Both HOAs and cities have powerful tools to collect unpaid fines. An HOA can file a lien against your property title for unpaid fines and dues, which must be paid off when you sell your home. So, what happens when an HOA puts a lien on your home? The lien attaches to your property title and typically must be addressed before you can sell or refinance. In some states, the HOA can even foreclose on this lien. Similarly, a city can place a lien on your property for unpaid code violation penalties. These liens act as a public claim on your home and can severely impact your credit and your ability to refinance your mortgage.

Resolving Jurisdictional Conflicts and Disputes

What happens when an HOA rule and a city code seem to contradict each other? Navigating these overlaps requires a clear strategy to avoid penalties from both entities.

Steps for Homeowners Facing Rule Overlaps

• First, carefully review both the HOA governing documents and the specific city ordinance in question.
• Document everything, including photos, written correspondence, and a timeline of events.
• Contact the HOA board in writing to politely point out the conflict and seek a variance or clarification.
• Simultaneously, you may need to speak with the city’s code enforcement department to understand their stance.
• If the conflict remains, request a formal hearing or meeting with the HOA board to present your case.

Dispute Resolution Options

• Mediation: A neutral third party helps you and the HOA negotiate a voluntary settlement. This is often a required first step before litigation.
• Arbitration: A more formal process where an arbitrator acts as a private judge to make a binding decision, which is usually faster and cheaper than court.
• Court System Appeals: You can file a lawsuit in civil court to challenge an HOA’s decision or a city’s citation. This is the most expensive and time-consuming path.

Preemption Principles

In many cases, the legal doctrine of preemption provides the ultimate answer. Local city or county ordinances generally override conflicting HOA rules if the ordinance addresses a matter of public health, safety, or welfare. HOAs frequently ban or restrict common activities such as parking or noise, which can become focal points in preemption disputes. For example, a city ordinance permitting drought-tolerant landscaping would preempt an HOA rule that mandates only water-thirsty grass. However, if the HOA rule is more restrictive (like a higher fence safety standard than the city’s), it may be allowed to stand. Always consult with an attorney specializing in community association law for definitive guidance on preemption in your area.

When to Involve Legal Counsel

Navigating the maze of HOA and city rules can become overwhelming. Certain situations clearly signal the need for professional legal advice to protect your investment and your rights. Many homeowners wonder which HOA issues most often become legal disputes. The most common types include fines and enforcement, architectural approvals, and disputed assessments.

• You face a complex jurisdictional dispute where both the HOA and the city are issuing conflicting violation notices for the same issue.
• The fines being levied are excessive, seem retaliatory, or are being applied in a discriminatory manner compared to your neighbors.
• A violation notice could lead to a serious consequence like a lien being placed on your property or a foreclosure proceeding.
• The language in your HOA’s governing documents or the municipal code is ambiguous, and the board’s interpretation severely disadvantages you.
• You have made good-faith efforts to resolve the issue through direct communication and appeals, but the HOA board remains unyielding.

In any legal dispute, your attorney’s first step will be a thorough review of your HOA’s governing documents and the local municipal code. These documents form the foundation of your case. Your lawyer will scrutinize them to verify the HOA’s authority, check for proper enforcement procedures, and ensure the city’s code actually applies to your situation. This dual analysis is often the key to building a strong defense or negotiation strategy. It also raises the question: what legal powers do HOAs have, and what limits apply to them? Understanding these boundaries can shape your approach to enforcement actions and disputes.

Protecting Your Homeowner Rights in Enforcement Actions

When you receive a violation notice, you have specific rights and a clear path to challenge it. Taking immediate, organized action is your best defense against unjust enforcement.

1. Formally appeal the violation by following the precise procedure outlined in your HOA’s documents or the city’s code. This almost always starts with a written letter or a formal hearing request. Meticulously document everything-take dated photos, save all correspondence, and keep a log of conversations. This creates a solid evidence trail.
2. Conduct a parallel review of your Covenants, Conditions, and Restrictions (CC&Rs) and the local municipal laws. Look for inconsistencies in how the rule is being enforced against you versus other homes. Check for any conflicts between the HOA rule and city code. Sometimes, an HOA rule may be stricter, but it cannot override a permissive city law.
3. Know and assert your fundamental rights throughout the process. You have the right to receive proper notice of the violation and the proposed penalty. You have the right to a fair and impartial hearing to present your side of the story. You also have the right to be free from selective enforcement, where you are singled out for a rule that is widely ignored for others.

FAQs

Who has authority over street parking in an HOA community?

On public streets, city parking ordinances always apply and take precedence over any HOA rules. For private roads within the community, the HOA’s regulations are the primary authority and must be followed. Traffic rules on private streets may differ from city rules on public streets and are enforced by the HOA. Knowing whether you’re on a public or private street helps you apply the correct traffic guidelines.

Can an HOA override a city ordinance in places like California or Texas?

No, an HOA cannot override a valid city ordinance, as local laws generally preempt private rules on matters of public health and safety. In conflicts, the stricter rule typically applies, and city codes will prevail in most jurisdictions, including California and Texas. HOA bylaws do not override state law. Understanding the legal hierarchy shows that state statutes govern HOA rules and local codes can constrain them.

What should I do if I receive violation notices from both my HOA and the city for the same issue?

First, review both the HOA governing documents and the specific city code to identify the exact conflict and required actions. You may need to resolve the issue with both entities separately, but addressing the stricter requirement first can often satisfy both. Then consider the steps of the HOA dispute resolution process to ensure you follow the proper sequence and deadlines.

How is “city” defined for code enforcement purposes in HOA contexts?

“City” refers to the local municipal government with legal jurisdiction over public matters like zoning, health, and safety within its geographic boundaries. This definition is key because city authority does not extend to purely private HOA matters unless public welfare is impacted.

Your Guide to Handling Violations

Always check your HOA’s specific governing documents first, as they handle most community rule breaches directly. For issues involving public safety or broader municipal standards, contact your local city code enforcement office to resolve the matter properly. For common HOA bylaw violations, start with the HOA’s enforcement procedures and notice requirements. If needed, request a board review or hearing to resolve the issue.

Further Reading & Sources

• Examining Where HOA Rules Sit in the Law Hierarchy
• Understanding the Hierarchy of Laws: Do Local Laws Supersede HOA Rules?
• r/HOA on Reddit: HOA Rules and CA State & City code
• Do HOA Rules Override State Law And City Ordinances? | HOAM