Davis County, UT HOA Rules: CC&R Enforcement (2026)
Key Facts
- Governing section
- Davis County Code § 15.01.070
- County enforcement role
- None for private covenants
- Stricter private covenant
- Still enforceable by the HOA
- County minimum standard
- Still applies regardless of CC&Rs
Summary
Davis County's land use title leaves private covenants alone. Section 15.01.070 says the county's zoning and land use rules don't cancel out stricter private covenants, and the county takes on no duty to enforce or interpret them for you.
This title shall not nullify those provisions of private covenants and agreements entered into by private persons who are more restrictive than the provisions of this title nor does this title confer any responsibility or authority upon Davis County to enforce or interpret any such private covenants or agreements.
Full Breakdown
If your unincorporated Davis County subdivision has a homeowners association with CC&Rs stricter than the county's Title 15 land use standards, that private document still controls between owners, but Davis County itself stays out of it. " That means two separate enforcement tracks run side by side on the same lot. Davis County Planning and code enforcement staff apply the zoning ordinance itself, setbacks, use permissions, lot standards under Title 15, and they will act on those violations. A CC&R violation, such as an unapproved paint color, a parking restriction, or an architectural review miss, is a civil matter between the homeowner and the HOA board or the community association, decided under the recorded covenant and, if it goes that far, in district court.
Don't call the county to force compliance with a private covenant; the county has no authority under this section to step into that dispute, and staff will point you back to the association's own governing documents and any architectural control committee named in them. 030 sets the title's requirements as the floor, not a ceiling, for anything Davis County itself regulates.
Violations & Fines
The county issues no citation for a bare CC&R breach because Section 15.01.070 gives it no enforcement role over private covenants. HOA remedies instead come from the recorded declaration itself: fines set by the board, liens for unpaid assessments or penalties, and injunctive relief through district court if the association sues to force compliance. A genuine zoning violation on the same property, an unpermitted structure or a prohibited use, is separately citable by county code enforcement under Title 15 regardless of what the CC&Rs say.
Frequently Asked Questions
Will Davis County enforce my HOA's CC&Rs?
Can my HOA enforce a rule stricter than county zoning?
What if my CC&Rs are looser than county zoning?
Sources & Official References
Other rules in Davis County
Compare Davis County to another location·View the Utah hoa rules overview
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