What is the difference between HOA regulations and Town regulations, and which regulations control?
A. The difference between HOA regulations (set forth in deed restrictions and covenants) and Town regulations (set forth in the Town’s Ordinances) can be a matter of the particular content of the regulation, a matter of enforcement of the particular regulation, or both. The general rule is that both sets of regulations are applicable to the property. Where HOA regulations differ from Town regulations on a particular subject matter, the more restrictive regulation will control the situation, generally speaking. Enforcement of HOA regulations is performed by the appropriate HOA committee or board, as specified in the deed restrictions and covenants, and is a civil matter between the property owner and HOA. Enforcement of Town regulations is performed by Town staff (for example, the Code Enforcement Department), and can involve criminal penalties through municipal court proceedings.
