What to Do When Your HOA Board Isn't Following Their Own Bylaws

Here is an irony that plays out in HOA communities every day: the board enforces rules against homeowners while ignoring the rules that govern the board itself. Meetings without proper notice. Decisions made without a quorum. Elections that do not follow the bylaws. If this sounds familiar, you are not alone.

The Bylaws Apply to the Board Too

Your CC&Rs govern what homeowners can and cannot do. Your bylaws govern how the board operates. They cover things like how meetings must be noticed, how votes are taken, what constitutes a quorum, how board members are elected, and what the board's actual authority is. When the board ignores these rules, their decisions may not be valid.

Common Bylaw Violations by Boards

Some of the most frequent issues include holding meetings without proper advance notice to homeowners, making decisions without a quorum present, spending money without required homeowner approval, failing to hold annual meetings or elections, not maintaining or sharing financial records, and changing rules without following the amendment process in the CC&Rs. Any one of these can be grounds for challenging a board action.

Document Everything

If you suspect the board is not following the bylaws, start keeping records. Note meeting dates and whether you received proper notice. Attend meetings and observe whether a quorum is present. Ask for meeting minutes and financial reports. Keep copies of every communication. If you send a request and get no response, that silence is itself worth documenting.

Put the Board on Notice

Write a formal letter to the board identifying the specific bylaw provision they are not following. Be precise. Do not say "you are not following the rules." Say "Section 4.3 of the bylaws requires 14 days written notice before any board meeting. The March 10 meeting was noticed on March 8." Cite the bylaw, state the facts, and ask them to correct the issue. Send it via certified mail.

Challenge Decisions Made Improperly

If the board made a specific decision that affects you and they did not follow proper procedure, you can challenge that decision. A fine imposed after a meeting without quorum. An architectural denial by a committee that was never properly appointed. A special assessment approved without the required homeowner vote. The argument is straightforward: the board did not follow its own rules, so the action is not valid.

Escalation Options

If the board ignores your written concerns, you have several paths. Many states have statutes that give homeowners specific rights when boards violate governing documents. Some states have HOA ombudsman offices that handle complaints. You can also rally other homeowners and push for a special meeting or a board recall election, if your bylaws provide for one. Legal action is a last resort, but courts do not look kindly on boards that ignore their own governing documents.

If you want to know exactly which bylaws your board is violating, HOAAppeal can analyze your governing documents and identify the specific provisions that apply. The Sniff Test is free.