Mission Viejo, CA HOA Rules: CC&R Enforcement (2026)

59's purpose section addresses the overlap between city nuisance enforcement and private HOA governance directly. Sec. 105(g) states that this chapter is not intended to enforce conditions, covenants and restrictions on property, nor to supersede them, and that the chapter will be enforced uniformly with the city regardless of CC&Rs. That means a code enforcement officer citing a property for one of the nuisances listed in Sec. 110, such as overgrown vegetation, deteriorated paint, junk storage, or an unpermitted recreational vehicle in the front yard, does not need to check whether the community's CC&Rs already address the condition, and cannot be blocked because an HOA architectural committee has a pending review or a different standard on file.

The same subsection protects the reverse direction too: the city's action does not abrogate the right of any homeowners association or private citizen to take action, legal or as otherwise provided in the CC&Rs applicable to their tract or association, even though the CC&R provisions may be the same, more restrictive or may not be covered by this chapter. In practice this creates two independent enforcement tracks that can run at once. An HOA can pursue its own hearing, fine schedule or lien process under its governing documents for the identical condition the city is separately abating, and settling with one does not resolve the other. 59.