What is an HOA Injunction?

It is the HOA board’s responsibility to enforce the rules set forth in their association’s governing documents. But what’s a board to do when enforcement methods, such as fines and suspension of privileges, do not result in compliance? If it becomes necessary to seek further enforcement, a court proceeding may be necessary in order to seek injunctive relief.

Injunctions 101

So, what exactly is an HOA injunction? An HOA injunction serves as “a remedy which restrains a party from doing certain acts or requires a party to act in a certain way.”

When normal HOA interventions, internal mediation, and negotiations fail, an injunctive relief proceeding can be filed by either an individual HOA member or the association as an entity.

For example, a homeowner may choose to file for injunctive relief against their HOA making changes to their property that they feel violates their rights as a member. This will stop the HOA from being able to make further changes to the property.

An individual homeowner or the HOA board may also seek injunctive relief to force compliance against a neighbor whose actions are continually causing damage or nuisance despite attempted intervention.

Unlike lawsuits that seek monetary awards, an HOA injunction is filed to direct an individual to either stop doing something (prohibitory injunction) or to take a specific action (mandatory injunction).

Typically, there are three phases involved in the process of relief through an HOA injunction:

1. Temporary Restraining Order – Once notice has been given to the offending party and upon the presentation of written declarations to the court, a temporary restraining order is issued in order to halt the challenged conduct for a limited time until a full hearing may be scheduled and held on the matter.

2. Preliminary Injunction – A preliminary injunction is generally issued 2 to 4 weeks after the issuance of the restraining order. This type of injunction lasts longer than a temporary restraining order and provides immediate relief of the claimed misconduct, action, or inaction. Preliminary injunctions are only issued if the requesting party has sufficient evidence to support their claim and is likely to prevail at the time of trial.

3. Permanent Injunction – Following a full trial, a permanent injunction will only be issued by the court after both sides have presented evidence supporting their positions. Once issued, a permanent injunction orders a party to permanently desist or engage in a specific action or conduct. Once ordered, violating a permanent injunction may result in the imposition of a fine or even a sentence in jail.

Governing documents exist to make the management and success of an HOA a more straightforward, simplified process. But because relationships within homeowners’ associations are generally long-term, simple mediation and rule enforcement may not be enough to find a permanent solution.

HOA directors should consider collectively and seek legal counsel to determine if seeking injunctive relief is the correct action to take.

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