hoa-job-faq

What mistakes get HOA board members in trouble?

Discover key decisions an HOA board can make to enhance community living, enforce rules, and manage property effectively.

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Reviewed by:

D. Goren

Head of Content

Updated Dec, 6

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What mistakes get HOA board members in trouble?

 

What Decisions an HOA Board Can Make

 

An HOA board’s authority comes from three sources: state law, the community’s governing documents (CC&Rs, bylaws, rules), and the community’s budget limits. Boards may act only within these boundaries. Below is what they typically can decide, and where limits apply.

 

  • Enforcing community rules: A board can issue warnings and fines, but only if the rule exists in writing, is applied consistently, and state law allows fines. Many states require notice and a chance to be heard before a fine is final.
  • Maintaining common areas: Boards may decide on landscaping, pool rules, repairs, and vendor contracts. They cannot neglect required maintenance listed in the CC&Rs.
  • Setting and managing the annual budget: A board can set assessments and plan spending, but increases often have caps or require homeowner votes. The CC&Rs usually define those limits clearly.
  • Creating new operating rules: Boards may adopt day‑to‑day rules (parking hours, pool schedules) without a member vote if allowed by the bylaws. They cannot change or contradict CC&Rs without a formal amendment.
  • Collection actions: Boards can collect unpaid dues and, if state law allows, place liens or pursue foreclosure. Procedures and notice requirements are set by state statute and must be followed exactly.
  • Architectural approvals: Boards or ARC committees can approve or deny exterior changes, but decisions must be reasonable, consistent, and based on written standards, not personal preference.
  • Hiring management or legal counsel: Boards may choose vendors and professionals as needed, provided the cost fits the approved budget or is allowed by governing documents.

 

What boards cannot do: They cannot violate state or federal law (fair housing, solar rights, disability accommodations), change CC&Rs without a member vote, enforce unwritten rules, or act for personal benefit. Any decision must relate to maintaining property values, safety, or community operations.

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