What can an HOA or condominium not enforce without the formal documents?

An HOA or condominium association requires formal documents, such as the governing documents or bylaws, to enforce rules and regulations for residents effectively. These documents serve as the foundation for all governance and provide the necessary authority for the association to implement and enforce specific rules.

Without these formal documents, any attempts to enforce rules and regulations would lack the legal backing necessary to ensure compliance among residents. Such documents typically outline the rights and responsibilities of both the association and the individual residents. They define the processes for creating, amending, and enforcing rules, ensuring that all residents are aware of any expectations or restrictions that apply to them.

On the other hand, enforcement of maintenance fees, compliance with state law, and architectural guidelines can often be derived from existing statutory laws or the broader authority of the HOA, which might not solely depend on specific governing documents. For example, maintenance fees are generally supported by the association's right to collect assessments outlined in state law or the declaration. Architectural guidelines can also be established through a common understanding of community expectations or added clauses in broader governing documents. Compliance with state law might involve regulations applicable to all properties, overriding specific documents of the HOA.