Rules vs. Guidelines: The Gray Zone

Most HOAs have a blend of official rules (written into the CC&Rs or bylaws) and more casual guidelines or “policies.” Homeowners often confuse the two — and so do some boards.

A common scenario: a resident is told they can’t park a work truck in the driveway, but the CC&Rs say nothing about vehicle type. The “rule” is actually an unwritten policy someone decided to enforce.

Unless a guideline has been properly adopted as an amendment and added to the governing documents, it may not be enforceable. Yet many homeowners don’t challenge it — and boards count on that.

What to Look For

• Always ask: Where is this written? If a violation notice cites a rule, it should point to the section of the governing documents.

• Get copies of meeting minutes where the policy was discussed and approved.

• If the board can’t provide clear proof, challenge it in writing.