What is the difference between property maintenance regulations (code enforcement) and homeowner association requirements?


The Property Maintenance Office is a function of city government and is in place to ensure compliance with ordinance requirements and adopted regulations related to land use, zoning, sign standards, public nuisance and health and housing codes. In the City of Spearfish, one of our primary objectives is to educate Spearfish residents and businesses about city codes and requirements. Ultimately, the purpose is to ensure that all neighborhoods and properties are maintained while protecting property values, and promoting the health, safety and welfare of Spearfish residents.

Homeowner's Association

Homeowner’s Associations are private organizations that receive fees paid by the residents of the designated neighborhood to oversee their particular maintenance standards, as established by written Codes, Covenants and Restrictions (CC&Rs) for the properties within that specific neighborhood. Homeowner’s Associations have the right to enforce and assess fines to members in accordance to the Home Owners Association’s CC&Rs. Typically, as part of the purchase process, each property owner within these designated neighborhoods sign documents agreeing to the standards that have been established and will abide by any penalties assessed.

A Homeowner’s Association may establish maintenance standards that require a higher standard of upkeep than the City Codes. Neighborhoods that are within homeowner association areas are still required to abide by City Code requirements.

Enforcing Ordinances

The Property Maintenance Office enforces City Ordinances and the adopted International Property Maintenance Code standards on all properties within the City of Spearfish and adjoining county properties within the Joint Powers Agreement Area, including those properties within a Homeowner’s Association (HOA) area. However, a Homeowner’s Associations enforces maintenance standards within their designated neighborhood.  HOA standards can be similar to City Code requirements or more restrictive. However, if an HOA requirement or standard is less restrictive than the City Code, the City’s Code requirement remains and is required to be met.

Show All Answers

1. What is the difference between property maintenance regulations (code enforcement) and homeowner association requirements?
2. How do I report a property maintenance violation?
3. I want to report a property maintenance problem in my neighborhood but I don't want anyone to know I called, do I have to give you my name?
4. What happens after I file my complaint/request, what do you do? How long does it take, will you contact me afterwards?
5. What are the enforcement procedures?
6. How much time do I have to correct a violation?
7. What should I do if I receive a property code warning notice?
8. I need more time to correct the code violations on my property, what do I do?
9. What can I do if I get a notice and do not understand what the violation is?
10. What happens if the property does not come into compliance or I refuse to comply?