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What authority do HOA board members have?

Discover the authority and responsibilities of HOA board members and how they impact community management and homeowner relations.

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Reviewed by:

D. Goren

Head of Content

Updated Dec, 6

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What authority do HOA board members have?

 

Authority of HOA Board Members

 

HOA board members have authority only because the community’s governing documents give it to them. These documents include the CC&Rs, bylaws, articles of incorporation, and any rules adopted later. Their power is real, but it is not unlimited. They must follow state law, federal law, and their own documents at all times.

Board authority generally covers three areas: enforcing rules, managing money, and running the community’s daily operations.

 

What HOA Boards Can Do

 

  • Enforce the CC&Rs and rules: They can issue warnings, require corrections, and charge fines if the governing documents allow it.
  • Manage budget and collect assessments: They set yearly dues, approve expenses, and handle reserve funds for long‑term repairs.
  • Maintain common areas: Landscaping, pools, lighting, gates, and any shared property fall under their authority.
  • Adopt new rules: They may create or update rules, but only in ways that stay within the CC&Rs and state law.
  • Hire vendors: They select management companies, contractors, attorneys, and maintenance services.

 

What HOA Boards Cannot Do

 

  • Go beyond the governing documents: If a power isn’t written, they don’t have it.
  • Act inconsistently: Rules must be enforced the same way for everyone.
  • Violate state or federal law: Fair housing, solar rights, disability accommodations, and debt‑collection rules always override HOA rules.
  • Make secret decisions: Most states require open meetings and proper notice to owners.

 

How Their Authority Depends on State Law

 

Some states give boards more limits or more structure. For example, many states require due process before fines, restrict rental caps, or set rules for budget approval. When state law and HOA documents conflict, state law controls.

In short, HOA boards have meaningful power, but it is always defined, limited, and reviewable. Their job is to manage the community, not rule it without boundaries.

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