HOA board is not enforcing the rules


Attorney Jim Olsen discussed what to do when the HOA board does not enforce the rules


Attorney Tom Olsen: We got a text from somebody and it's, boy this is just so common. It says the HOA does not enforce the rules like no overnight street parking, what can we do? So people out there in the community that live in HOAs are upset that there are rules out there, but people are not following them and the boards are not enforcing them. What's your suggestion for that texter.

Attorney Jim Olsen: Well, first your declaration says you have the right to enforce just like the Association does. So, you could, in theory, bring a lawsuit against that owner who's violating your rights or violating the rules just like the smoking one we talked about earlier. It's my belief that you would have to bring that kind of lawsuit, win that kind of lawsuit, be awarded attorneys fees before you could then sue the Association for breach of fiduciary duty for not enforcing the rules. Beyond that, your best remedy is still always the ballot box. If the board is not doing what you think they should be doing, replace the board or run for the board and do it that way.