HOA And Police: Jurisdiction, Boundaries, And Cooperation

It is essential to cultivate a strong relationship between the HOA and the police. Although they serve different purposes, both the HOA and local law enforcement have responsibilities that may sometimes overlap. This is especially the case when it comes to community safety. Board members should understand who is responsible for what, as this can help resolve problems efficiently.

Defining the Jurisdiction of the HOA and Police

For those without experience living in an HOA community, rules and enforcement can be confusing. A homeowners association holds authority only within the boundaries of its community. It is limited to enforcing the rules and covenants outlined in its governing documents.

Meanwhile, local police hold jurisdiction over the local area or city. While the HOA community can be included in this area, police typically don’t have the authority to enforce the association’s rules.

HOA Enforcement

Homeowners associations are responsible for enforcing their governing documents. These include the CC&Rs, bylaws, and operating rules. These documents often cover topics such as parking, landscaping, noise, and property maintenance. When a resident breaks a rule, the board may issue warnings, fines, or suspend privileges.

An HOA also manages common areas, including clubhouses, pools, sidewalks, and private roads. For condo communities, this can include lobbies, stairwells, elevators, and hallways. That said, the authority of an HOA usually doesn’t extend to inside a homeowner’s property unless there is a rule violation that impacts the community.

Some HOAs hire private security or install cameras to deter crime. Although these are preventative actions, they are not the same as police action. Security guards don’t have the same powers as police officers. While they can report suspicious behavior, they can’t make arrests.

Police Enforcement

The police operate under the authority granted by the city, county, or state. Police officers handle criminal matters as well as civil matters that are beyond the reach of the HOA.

Crimes such as theft, burglary, assault, drug activity, and vandalism fall under police responsibility. Board members or residents should call 911 or a non-emergency line in such cases.

When it comes to parking, police have jurisdiction over public streets. This means they can issue tickets or tow cars that are parked illegally on streets owned by the city or county. For private roads that the HOA owns, on the other hand, enforcement typically falls on the HOA.

As for noise, law enforcement can usually respond to complaints if the noise violates local ordinances. Most places have noise regulations and quiet hours that residents must follow. These regulations cover loud music, parties, or domestic disputes.

Where the HOA and Police Authority End

Despite what some might think, both the HOA and police have limited authority. An HOA might have the power to enforce the governing documents, but these also have limitations. The same goes for law enforcement.

HOA Limits

Homeowners associations are only responsible for enforcing the community’s rules. This means they lack the authority to enforce criminal laws. Board members can’t arrest or detain people, and neither can the security guards they hire. Community managers are also limited in this way.

Additionally, the HOA or its employees typically can’t enter homes without permission. They can’t conduct investigations, either. The authority of the association is merely civil and administrative, not legal.

Police Limits

One question that often arises is, “Can police enforce HOA rules?” In a word, no. The police can’t enforce HOA-specific rules, such as violations of fence heights, paint colors, and trash bin storage. The HOA must handle these matters internally.

That said, some HOA rules might overlap with local ordinances. It is common for HOAs to have noise rules and quiet hours. Similarly, local cities and municipalities also have noise ordinances.

If a homeowner gets into a dispute with their HOA, it is not the police’s job to mediate. The HOA must attempt to resolve the conflict using internal dispute resolution methods. Another option is to go for alternative dispute resolution (ADR), such as mediation and arbitration.

How an HOA and Local Police Can Work Together

Just because HOAs and the police have separate jurisdictions and distinct limitations doesn’t mean they can’t collaborate. Here are the ways to foster and maintain a healthy HOA police relationship.

1. Coordinate on Security Issues

Homeowners associations can reach out to their local police department’s community liaison. Board members should introduce themselves and invite them to annual meetings and board meetings.

If the local police department doesn’t have a community liaison, the HOA should still attempt to build a relationship by approaching the police chief. With a thriving relationship, police can help HOAs identify security risks. They can also assist with training sessions for both residents and staff members.

2. Schedule Training and Community Outreach

Homeowners associations can invite the local police to attend town halls or events. An HOA board can even schedule a workshop or seminar specifically so officers can educate homeowners on crime prevention and provide safety tips.

Of course, the HOA should also support the local police by attending their events and making contributions. Homeowners can volunteer to help the police organize and manage their events, adding another layer of trust and gratitude.

3. Establish Neighborhood Watch Programs

Many HOAs partner with their local police department to launch neighborhood watch programs. These programs can help improve awareness, deter crime, and promote community involvement. Police officers can volunteer their time, offer valuable insights, and provide guidance.

When to Call the Police vs. the HOA

Homeowners associations should never abuse or take advantage of their relationship with local police. That means educating homeowners on the proper protocols for reporting issues.

In general, homeowners should contact the police for crimes and illegal activities such as:

• Break-ins or theft
• Domestic violence
• Vandalism or property damage
• Drug activity
• Physical threats or harassment
• Trespassing

In contrast, homeowners should contact their HOA or community manager to report violations of rules. Of course, this will depend on what specific rules an HOA has. Examples of violations to report to an HOA include:

• Parking violations on private streets
• Architectural changes without approval
• Lawn maintenance issues
• Holiday decorations outside the allowed period
• Trash bins left out too long

Shared Goals

The roles of the HOA and police may differ, but both aim to keep the community safe. The HOA board handles internal rules and enforcement, while police respond to criminal matters and public safety concerns. It is important to understand this boundary to better work together.

Graham Management provides exceptional and reliable HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more!

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