unapproved improvements to common area

Code enforcement usually refers to a city enforcing its own regulations. What do you mean by "code enforcement"?

In my experience: The HOA/COA should have the HOA/COA attorney seek emergency injunctive relief. Locate the clause in your governing documents that allows the HOA/COA to bill the owner for the attorney fees for the lawsuit (to get injunctive relief).

Does your HOA/COA have a fine schedule for violations of the governing documents?

I wouldn't skip the lawsuit. I understand Melissa's point about liens, but it could take years before this homeowner decides to sell and in many areas, liens have to be renewed after a certain period, which adds to the association's legal costs. If you haven't discussed anything else with the association attorney beyond the stop work order, you really need to do that right now - in fact, all of that should have been discussed BEFORE the letter was sent so you'd know your options are if the owner ignored it or told the association to kick rocks.

It will be great if code enforcement takes care of this - nothing's preventing you from filing that complaint in addition to taking legal action. In fact that might be faster - stop orders from the city can lead to more drama for the owner if he/she tells IT to shove it. That said, don't hesitate to take legal action if this doesn't get resolved sooner rather than later.

You don't say what type of improvements this homeowner is trying to make, so start there. What he/she does inside the house is likely up to them, but if any outside work is affecting the common areas, you've already taken the first step in having your attorney send a stop-work order. If the work requires a permit from the city or county and the owner (or the contractor, whoever that is) can't come up with one, that's where you should file a complaint with code enforcement. The building code may also require certain work be done by licensed contractors, so be sure to ask for written verifiable proof of there - if they can't or refuse to, add that to the code enforcement complaint.

It makes sense to want the work done by licensed and bonded contractors, but if that's not written in your documents, there could be a problem, so take a good look. If the CCRs allow the board to pass additional rules (which can't contradict or supersede the documents), this may be something the board should add by drafing it and approving it through a board resolution passed during a regular board meeting. There should be an effective date and the rules should be sent to all homeowners so they know what to expect. While you're at it, remind homeowners certain exterior changes require prior approval by the board and explain that process.

PS: If you do wind up in court, be sure that your lawsuit requests that the owner reimburse the association for all legal fees (court costs attorneys fees, etc.) in addition to mandating the work be done by a licensed and bonded contractor (although code enforcement may take care of that part for you). Good luck!

Note that this appears to be a condo unit. Also TV may have used the wrong word for the ceiling lights by saying they're in the "Common area."

If the CC&Rs require that HOA approval must occur, for example, when new electrical is needed, AND your documents have a mechanism for fining the Owners, proceed right away with calling them to a hearing or whatever "due process" is required. Assuming your docs permit, instruct him to cure his violation by following the correct Board-approved procedures for architectural changes. Levy fines if your docs permit.

It's possible your docs do not require licensed contractors, but they may require local codes be followed.

Can you tell us more about your HOA's requirements for Architectural changes?

A later from your counsel seems good. but I'd use your HOA's own disciplinary methods too. Right away.

I feel I misread TV's post now that I read the subject line again. Please clarify. Just where are these can lights being installed? Outside of the unit in a common area? Or inside the unit?