Enforcement and Disputes
Each owner in a condominium project or planned development has the right to independently enforce the governing documents against any other owner. The mechanism for enforcement is either the court system or alternative dispute resolution depending on the nature of the violation and the dispute resolution provisions of the governing documents. Owners interested in pursuing an enforcement action should consult an attorney.
Yes, associations must enforce their governing documents. In some cases, HOAs have discretion whether to enforce the governing documents if the dispute can be better resolved between a few neighbors. This discretion is removed, and enforcement is mandatory in instances where the governing documents explicitly require association action. But regardless of whether enforcement is mandatory, it is usually advisable for the association to avoid future enforcement problems.