Homeowners associations (HOAs) establish bylaws with many rules for property owners and residents. They may restrict activities that affect others’ use of their properties, such as loud parties. They may limit how people improve their properties. Frequently, HOA rules do not allow people to plant vegetable gardens in their front lawns or to replace neutral-colored siding with fluorescent colors.
The purpose of those rules is to protect everyone’s ability to quietly enjoy their properties and to preserve local property values. Unfortunately, not everyone happily complies with HOA regulations. Rule violations are relatively common.
How can an HOA board enforce rules when presented with overt violations?
With written warnings
In some cases, ignorance is the underlying explanation for an HOA rule violation. People may not realize that they cannot have their trash bin at the curb for more than 24 hours, for example. Providing a written warning sent via mail or hand-delivered to the resident can help inform them of their obligations. Ideally, their awareness of the rules should prompt them to take appropriate steps to bring the property into compliance with community standards.
With fines
HOAs often include penalty clauses in their bylaws. They may assess one specific fine for any violation or may have different fines for different rules. In some cases, the fine imposed may increase with every subsequent violation of the same rule. Financial penalties can be a powerful incentive for property owners and residents to ensure they comply with community rules.
With amenity restrictions
Maybe the HOA has a community gym with cutting-edge exercise equipment. Perhaps there is a pool. There are various amenities that can make living in an HOA more pleasant. The consequences of violating community standards could include exclusion from shared spaces or a reduction in HOA services until the resident pays their fines or brings their home back into compliance.
In extreme cases where people ignore fines and refuse to correct significant rule violations, HOAs may need to take things further. They can possibly pursue liens as a means of securing the fines owed and may even foreclose on the lien if homeowners don’t seek to resolve the lien in a timely fashion.
Reviewing bylaws and recent violations with a skilled legal team can help HOA board members respond appropriately to rule violations. Consistent enforcement is typically critical for HOA boards hoping to retain their authority.