Can the police enforce HOA rules and regulations? For a lot of homeowners, their first instinct is to call law enforcement when something is bothering them. But, the police do not always have jurisdiction, and they may refer the homeowner to their HOA for certain complaints. It is important to understand the ins and outs of police involvement.
Can Police Enforce HOA Rules?
Homeowners associations are known to have strict rules for residents to follow. It is the duty of the HOA board to enforce these rules and ensure compliance. For HOAs with professional management, the community manager typically handles rule enforcement.
There is a common misconception among some homeowners about who has the authority to enforce HOA rules. State laws and governing documents primarily bestow this authority on the HOA and its board, but some think that the police can step in as well.
A homeowner might call the police with a complaint about landscaping, for instance, and ask them to enforce the HOA rules. But, the police generally can’t enforce the rules unless there is illegal activity involved.
The main problem with the police enforcing HOA rules is that it blurs the lines of authority. The HOA is responsible for enforcing the rules in the community. Meanwhile, the police enforce the law, investigate crimes, and respond to 911 calls.
Understanding Police Jurisdiction on HOA Communities
Homeowners should only call the police when something illegal has happened. For example, if a homeowner suspects their neighbor is being robbed, they should phone the police.
If nothing illegal has taken place or their neighbor has not violated a local ordinance, homeowners should file a complaint with their HOA. In this case, homeowners should let their HOA board handle it.
This is the general rule.
In either case, it is a good idea for homeowners to document the issue and get evidence. Having proof will help the police investigate the matter. Similarly, it will make rule enforcement easier for the HOA board.
What About Noise Complaints?
Some residents mistakenly believe that police enforce HOA rules. When it comes to problems with noise, homeowners are usually advised to resolve the issue with their neighbor first. Sometimes, neighbors are simply unaware that they are making too much noise and are disturbing others.
If that does not work, they should go to their HOA. Of course, an HOA can only take action if the association has noise restrictions. Otherwise, the HOA likely has no authority over the issue.
If the noise is already a public disturbance, which means it’s extremely loud or disruptive, the homeowner can call the police. In most cities, the police are responsible for enforcing noise ordinances.
What to Do for Homeowners
When making a complaint, homeowners should consider the circumstances first. If a neighbor is doing something illegal, homeowners should call the police, even if the activity is also violating HOA rules. For example, if a neighbor is selling illegal drugs, homeowners must contact the police as soon as possible.
Homeowners should also document everything as best as they can. This includes taking photos or video evidence. If possible, they should call the police while the illegal activity is ongoing.
Many homeowners make the mistake of reporting the crime to the HOA first. It is not the HOA’s responsibility to resolve illegal issues. The HOA can, of course, call the police after a homeowner makes the complaint, but this will only slow down the process. Additionally, the HOA board was not a witness to the crime.
If homeowners feel that their safety is at risk, it is imperative to call the police. Remember that the HOA is there to enforce the community’s rules and restrictions. The HOA can’t apprehend criminals.
The Relationship Between Law Enforcement and HOAs
While the police can’t enforce HOA rules if nothing illegal has taken place, that does not mean the police can’t have a relationship with the community. In fact, many HOAs work closely with local law enforcement to promote safety and crime prevention.
One way to do this is to ask a police officer to speak on key topics at board meetings. The HOA board can even organize a separate event for the seminar. It is a good idea to do this once or twice a year to educate homeowners and cultivate a good relationship with local police.
Additionally, there may be local crime-free programs that the HOA and its members can participate in. There may be classes or certifications that homeowners can attend and benefit from.
Some communities even ask local police to patrol their association. Although patrols are a normal part of police routine, they will generally stay away from private or gated communities unless asked.
Where to Report Crimes in Chicago
Can the police enforce HOA rules? In general, the police are only responsible for enforcing the law. Unless something illegal has transpired, the police can’t intervene in HOA matters and enforce the rules.
In Chicago, in the event of a crime, homeowners should report them directly to the Chicago Police Department. The CPD serves as the city’s primary law enforcement agency.
For non-emergency situations, residents can call 311. This is for cases that don’t require immediate police interference. Homeowners also have the option to make reports online using the CPD’s Online Crime Reporting System.
Alternatively, homeowners can provide information about crimes or suspicious activities anonymously. They can do this by submitting tips through the CPD Tip Form, which also allows users to submit photos or videos related to the tip.
For emergency situations, residents should call 911. This is for cases that require urgent police response, such as immediate threats to life, bodily injury, or significant property damage.
Meanwhile, the Cook County Sheriff’s Office handles the enforcement of laws in unincorporated areas of Cook County. The Sheriff’s Office provides specialized services as well.
Can Police Enforce HOA Rules? Answered!
Many homeowners wonder if police enforce HOA rules, but in most cases, they only respond to violations of local or state laws. If someone is only in violation of HOA rules, homeowners should report the issue to their HOA board.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
