Washington County, UT HOA Rules: CC&R Enforcement (2026)
Key Facts
- County enforces CC&Rs
- No, per § 10-5-1
- Conflict rule
- § 10-1-4: county yields to stricter covenants
- Zoning floor
- County code controls over laxer covenants
- CC&R remedy
- HOA board or civil district court only
- County remedy scope
- Title 10 violations only (§ 10-1-11)
Summary
Washington County's zoning code says flatly that the county does not enforce private restrictive covenants, and no covenant can modify the county's own zoning rules. HOA disputes over CC&Rs, architectural review, or association fines stay strictly between homeowners and their association; county staff apply only Title 10 when reviewing a permit.
Regardless of the zone, the county hereby reserves all rights to its claimed public access and R.S. 2477 rights-of-way. The county does not enforce private restrictive covenants, nor shall any such covenant modify the regulations herein.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 2026-1329-O, passed 8-18-2026).
Full Breakdown
S. " In practice this cuts both ways: if a subdivision's CC&Rs impose a tighter rule than the county allows, for example a lower fence height or a ban on visible RV storage, that private covenant keeps working exactly as written, but Washington County will not send a code officer to cite the violation. It is the homeowners association's board, architectural committee, or a lot owner's own civil suit in state district court that has to enforce it. Conversely, if a CC&R purports to allow a use the zoning ordinance forbids, Section 10-1-4 makes clear that Title 10 controls and the county's building inspector will apply the zoning ordinance regardless of what the covenant says.
The county's own enforcement machinery in Sections 10-1-11 and 10-1-12, nuisance abatement and enforcement by the building inspector and public works director, reaches only violations of Title 10 itself, never a purely private covenant breach.
Violations & Fines
County code enforcement, run by the building inspector and public works director under Section 10-1-12, only cites violations of the zoning ordinance; those get referred to the county attorney for abatement as a public nuisance under Section 10-1-11. A CC&R breach is not a county offense and draws no citation, fine, or stop-work order from Washington County. Enforcing a covenant is left entirely to the HOA board or to a lawsuit an aggrieved lot owner files in district court.
Frequently Asked Questions
Does Washington County enforce my HOA's CC&Rs?
Can my CC&Rs be stricter than county zoning?
What if my CC&Rs allow something county zoning forbids?
Sources & Official References
Other rules in Washington County
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