How to Enforce HOA Rules Without Risking a Lawsuit

Homeowners’ associations (HOAs) exist to maintain property values, preserve aesthetics, and create harmonious communities. But enforcing the rules that make that possible can quickly backfire—especially when done inconsistently or without following the law.

Strang Tryson routinely advises Florida HOAs on how to enforce rules effectively while minimizing the risk of legal action from homeowners.

Why Rule Enforcement Matters
Unenforced rules can lead to:

• Property value decline
• Community dissatisfaction
• Escalating violations

However, over-enforcement or inconsistent application can result in:

• Selective Enforcement claims
• Retaliation lawsuits
• Negative press
• Board member liability

The Legal Authority to Enforce Rules
Florida’s HOA Act (Chapter 720) grants associations the power to enforce:

• Declaration of Covenants
• Bylaws
• Rules and Regulations

Boards can:

• Issue violation notices
• Levy fines (with proper procedure)
• Suspend amenities
• File legal action for noncompliance

But they must follow due process.

Best Practices for Enforcing Rules Lawfully

1. Ensure Rules Are Properly Adopted

• Rules must be authorized by the governing documents
• Boards must follow notice and vote procedures when passing new rules
• All rules must be written and accessible to owners

2. Communicate Clearly and Promptly

• Send written notices citing the specific rule violated
• Include photos or documentation when possible
• Give homeowners a reasonable opportunity to cure the violation

3. Apply Rules Consistently

• Treat all homeowners equally
• Avoid selective enforcement or targeting
• Maintain a log of all notices and outcomes

4. Offer a Fair Hearing Process

• For fines or major penalties, offer a 14-day hearing before an independent committee
• Let owners present evidence or explanations
• Document all findings and committee decisions

5. Educate Rather Than Punish (First)

• Start with reminders or warnings when appropriate
• Publish seasonal tips or visual guides (e.g., for holiday décor or trash days)
• Provide grace periods for new residents

6. Document Everything

• Keep records of all notices, emails, photos, and fines
• Document efforts to resolve the issue informally
• Record board votes or committee findings

What Not to Do

• Do not enforce unwritten rules. Everything must be documented.
• Do not escalate unnecessarily. Try informal resolution first.
• Do not apply rules unevenly. That invites selective enforcementclaims.
• Do not threaten illegal penalties. You can’t evict or trespass owners.
• Do not ignore your own procedures. That weakens your legal position.

Common Enforcement Mistakes That Lead to Lawsuits

• Issuing fines without a hearing
• Enforcing expired or improperly passed rules
• Targeting specific residents unfairly
• Refusing to negotiate or offer variance procedures

Strang Tryson’s Take
Enforcement doesn’t have to be adversarial. With the right structure, HOAs can preserve order without sparking legal battles. We help boards:

• Draft and update compliant rules
• Train board members on proper enforcement protocols
• Defend against or prevent lawsuits from disgruntled homeowners

Enforcing community standards starts with respecting the law—and your fellow neighbors.