The Fine Print Nobody Reads: Why Governing Documents Matter

When people buy into a homeowners association, they’re handed a stack of legal documents: CC&Rs (Covenants, Conditions & Restrictions), bylaws, and community rules. Most skim them — or skip them altogether. But those pages are more than suggestions. They’re binding contracts.

Some homeowners find out too late. A bright front door color, a garden planted just outside the “approved zone,” or a simple bird feeder can all bring surprise violation letters and fines if they’re technically not allowed.

What many don’t realize is that:

• HOA rules are enforceable in court — and ignoring them can lead to fines or even a lien on the home.

• Vague language gives boards wide discretion to interpret “community standards.”

• Changing outdated or unreasonable rules often takes a formal resident vote and an official amendment process — not just a casual board decision.

A cautionary note: Many older communities have rules written decades ago. If you don’t read what you’re signing up for, a $50 fine can turn into a battle you didn’t expect.

What to Know

• Always ask for and read the CC&Rs, bylaws, and any recent amendments before you buy.

• Look for vague phrases like “at board discretion” — these open the door for selective enforcement.

• Check how rules are actually changed and enforced. Knowing the process will save you frustration later.