West Des Moines, IA HOA Rules: CC&R Enforcement (2026)

West Des Moines City Code section 4-10-5, part of the chapter on maintenance of foreclosing properties, provides that a registered vacant or foreclosed property must comply with all requirements of the city code, and that adhering to that chapter does not relieve the beneficiary (the lender, servicer, or nominee under the mortgage or deed of trust) or the property owner of any obligations set out in covenants, conditions and restrictions or homeowners' association rules that apply to the property. Duties under the chapter are joint and several among all trustees, beneficiaries, and their agents.

The broader chapter requires beneficiaries of vacant, foreclosed residential and commercial property to register with the city's Public Services Department within a set inspection window, at no fee if timely, and to keep the property secure against unauthorized access, including locking doors, windows and gates and boarding or reglazing broken windows. Enforcement of chapter 4-10, including this maintenance clause, is handled by the city attorney's office and the city's enforcement officials, who may pursue civil or administrative action, including nuisance abatement, cumulative to any other remedy the city code allows.

This section does not give the city authority to enforce a private HOA's CC&Rs, and it does not let CC&R compliance substitute for the city's own registration, security, and maintenance requirements: an owner or lender must satisfy both independently.