usually city, but they can also override City and county codes, and make their own rules. They are very dicey, my HOA when I moved in, was being fought because of several different reasons. In a very rare case our HOA was deemed illigamate and made voluntary, but that was one of the only cases in Colorado History that turned out that was. The judges are very HOA frendly here and usually side with the HOA's no matter what the fight is. Check and then double check the bilaws and read everything, including rate increases, what they do and don't cover, HOA surcharges IE new roof because of hail, new paint, new stucco, etc. most times they are excluded and hit each homeowner with a huge surcharge to get stuff done. Another example that I have is of a friend that was hit with 5500 worth of new roofing because the old one had been on for 10yrs. She had lived in her place 6 months, and had to pay it, and then to make matters worse it leaked and destroyed her new hardwood floor, and the HOA refused to do anything for it because it was damage to the inside of the house. Her Insurance had to cover it and then her rates went up, because of the claim, and none of it was her fault that battle was also lost in court, they sided with the HOA. Can you tell that I hate the HOA's? also check the tom martino www site for tons of info on HOA's People fight them everyday and lose here in this state....as close to modern day Nazi's as it gets!