What Powers Does an HOA Have? Limits and Rights

Quick Answer

An HOA has only the powers given to it by state law and its recorded governing documents. Those usually include collecting assessments, maintaining common areas, adopting and enforcing reasonable rules, and in some cases placing a lien on a home for unpaid dues. Boards must also follow the limits those same documents and laws set.

Where HOA Power Comes From

• State statutes. Examples are the Michigan Condominium Act for condominiums and California's Davis-Stirling Act for common interest developments.
• The recorded declaration (CC&Rs). This is the main source of rules and the duty to pay assessments.
• The bylaws and articles. They set how the board is elected and how the association acts.
• Adopted rules and regulations. The board can usually adopt reasonable operating rules if the documents allow it.

If a power is not in the documents or a statute, the board generally does not have it.

What an HOA Can Usually Do

• Levy assessments. Regular dues and, if the documents allow, special assessments.
• Maintain common property. Roads, landscaping, amenities and, in condominiums, building elements.
• Adopt reasonable rules. Parking, noise, trash, pets and exterior appearance, within the documents and state law.
• Review exterior changes. Many communities require approval before changes such as fences or paint.
• Enforce covenants. Through notices, hearings and, where the documents allow, fines or legal action.
• Hire vendors and a manager. And carry insurance for the association.

What an HOA Generally Cannot Do

• Break its own documents or procedures. Actions taken without required notice, a vote or a proper meeting can be challenged.
• Enforce rules arbitrarily or selectively. Inconsistent enforcement can weaken the association's position.
• Violate fair housing or other laws. An HOA rule cannot override federal or state law.
• Use powers it does not have. For example, foreclosure is available only where the documents and statutes permit it.

Liens and Foreclosure: Where State Law Differs

Michigan. For condominiums, <a href="https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-559-208" target="_blank" rel="noopener noreferrer">MCL 559.208</a> gives the association a lien for unpaid assessments and related charges and sets steps before foreclosure, including recording and mailing a notice of lien. For a non-condominium community, the association's authority generally comes from its recorded declaration rather than a statute, so the wording of that document matters.

California. Under <a href="https://california.public.law/codes/civil_code_section_5720" target="_blank" rel="noopener noreferrer">Civil Code section 5720</a>, an association generally cannot foreclose to collect assessments under $1,800 (not counting late charges, fees and interest) unless they are more than 12 months delinquent. Foreclosure for fines and penalties is restricted under <a href="https://california.public.law/codes/civil_code_section_5725" target="_blank" rel="noopener noreferrer">Civil Code section 5725</a>, with a narrow exception for certain repair costs. See also our summaries of the Doskocz decision on payment plans and the Bird Rock foreclosure decision.

Limits on Fines

Whether and how much an HOA can fine depends on the documents and state law. Many states require written notice and a chance to be heard before a fine, and some cap the amount. Check your documents and ask the association's attorney before imposing or contesting a fine. For a related California rule, see our summary of recent California HOA law changes.

How Owners Can Push Back

• Ask for the specific document provision the board is relying on.
• Respond in writing within any deadline, and request a hearing if your documents provide one.
• Review association records under your state's procedures.
• Vote, attend meetings and consider running for the board. See how HOA elections work.
• Use mediation or ask an attorney about further options if the issue is serious.

Guidance for Boards

• Know exactly which provision supports each action before you act.
• Follow notice, meeting and voting procedures every time.
• Enforce rules consistently and keep written records.
• Use the association's attorney for collection, foreclosure and disputes.

Our guides on board member responsibilities and Michigan board member liability cover the duties that come with these powers.

Frequently Asked Questions

Can an HOA foreclose on my home?

Only where the documents and state law allow it, usually after notices and a delinquency period. Rules differ by state and by condo versus HOA.

Can an HOA fine me?

Often yes, if the documents authorize fines and required notice and hearing procedures are followed. Limits and caps vary by state.

Can an HOA tell me what color to paint my house?

If the documents require approval of exterior changes, yes, as long as the standards are reasonable and applied consistently.

Can an HOA change the rules?

The board can adopt reasonable rules if the documents allow it, but amending the declaration usually requires an owner vote.

Can I refuse to pay HOA dues?

Assessments are a legal obligation that runs with the property, and nonpayment can lead to late charges, a lien and collection action. Dispute a charge through the association's process instead.

How APM Helps

APM manages community associations in Michigan and California, from budgets and dues collection to vendor oversight and board meetings. See our association management services, pricing, or request a free proposal.

This article is general information, not legal advice. Laws and documents vary by community; ask your association's attorney about your situation. Last verified October 24, 2026.