Every homeowners association has rules and obligations for homeowners. These rules exist to promote a peaceful and harmonious environment. However, there are times when people break the rules, and the board has to act. How can the board handle HOA violations fairly?
How to Handle HOA Violations
Planned communities need a standard HOA violation process the board can follow. This procedure guides the board on what to do whenever someone breaks a certain rule. Here are some things to incorporate into the community to ensure fair and reasonable enforcement.
1. Clarify the Rules
They say prevention is better than cure, and the same is true for rule enforcement. The best way to prevent violations is to ensure everyone knows and understands the community rules. This keeps CC&R violation reports at a minimum.
Make sure that every rule is clear, and provide each homeowner with a copy of the community guidelines. When someone new comes along, ensure they receive a copy of the HOA governing documents. Posting the rules on the community website and sending periodic reminders through the newsletter may also be helpful.
Most homeowners don’t mean to violate the rules — they just happen to do so on accident. Keeping them informed will go a long way in deterring violations.
2. Be Firm
Homeowners may sometimes try to talk themselves out of enforcement. However, being selective about rule enforcement can only bring trouble. HOA board members must stay firm and enforce the rules equally to all residents. This allows for fair rule enforcement and establishes the board’s authority in the HOA.
On the flip side, don’t become overly strict. The board should handle things appropriately without being punitive. For instance, let’s say a homeowner violates parking rules and parks somewhere they should not. Imposing a $500 fine would be too much, given the violation committed.
It’s essential to be both firm and fair. HOA board members will interact regularly with the residents, so it’s best to establish a good relationship with the homeowners.
3. Send a Warning
When someone commits a violation, the first course of action is to send an HOA violation letter to warn the resident. A letter is usually good enough to deter future violations. It alerts the homeowner of their violation and tells them what they should refrain from.
At times, verbal warnings may also be enough to deter violations. For example, talking to a neighbor about playing loud music during quiet hours is often enough. However, some residents may continue to violate the rules. Other times, the violation may be too large for just a verbal warning.
In this case, it’s best to issue a violation letter. Sending notices also allows the board to record the homeowner’s past infractions — big or small.
4. Hold a Hearing
Homeowners have a right to be heard when a violation occurs. The HOA can establish the violation’s legitimacy by holding a hearing. During the hearing, the homeowner can explain their situation and ask for leniency or appeal to the board.
Give the homeowner enough time to prepare before the hearing. The HOA should give notice of the hearing’s date, time, and location. If the homeowner does not show up or cannot attend, the board may take the violator to small claims court.
5. Suspend Rights and Privileges
Stubborn homeowners may not obey the rules despite repeated warnings. In these cases, it’s best to impose a penalty on the homeowner. One way to do this is to suspend the violator’s rights and privileges.
For example, the board may revoke the homeowner’s access to the community pool or gym. They may also be banned from other shared spaces until they are cured of the violation. The ban may be temporary or even indefinite, depending on the violation committed.
This type of enforcement is a great way to show the residents that the rules are serious without resorting to fines. It’s also a good first step before the board takes enforcement actions.
6. Impose Fines
Monetary fines are a good penalty for repeat offenders or major violations. Nobody wants to pay money because of a violation, so it usually stops bad behavior. The board should create a fine schedule to impose appropriate fines based on the type of infraction.
Small violations, such as violating noise rules or using the pool after hours, can result in a modest $20 fine. Meanwhile, more severe infractions like unauthorized rentals or construction could cost over $500.
It may also be wise to scale each fine per repeat offense. The first offense of a minor violation could result in a small fine. However, the penalty may increase for each succeeding infraction. The HOA board has to be clear, consistent, and fair when imposing these penalties. Make sure the fines are displayed so people can think twice before violating the rules.
7. Place a Lien on the Property
Nobody wants a lien on their home. A lien can cause property title problems and prevent people from selling the home. Moreover, it can even result in foreclosure if the HOA takes action on the lien to collect unpaid charges.
This is why many HOAs use property liens to enforce the rules. It’s the most extreme rule enforcement measure and should be reserved for grave infractions. For example, HOAs often only impose liens on delinquent homeowners who have not paid their HOA fees for months or even over a year.
Some HOAs also impose liens because homeowners refuse to pay for common area property damage. Regardless, make sure the lien is justifiable. It’s best to consult a lawyer before proceeding.
How to Report HOA Violations
In most homeowners associations, the board members do not have the time, resources, or manpower to monitor violations 24/7. Hence, it’s usually best to establish a reporting system so neighbors can report violations. How can homeowners report violations? Here are some good methods.
Talk to the Board
Reporting HOA violations does not have to be complicated. Sometimes, a simple conversation with the board of directors is all it takes to report an infraction. Homeowners can contact the board through text, mail, email, or call. If other communication methods fail, they may also visit the management company’s office.
In addition, many HOAs allow members to call a special meeting to discuss important matters. The homeowner may also discuss the violation there.
Submit a Complaint
Homeowners should be able to submit complaints to the board or management company. Consider creating a physical or digital violation form the neighbors can fill out. They should be able to attach witness statements, photos, or videos as evidence.
How to Avoid Selective Enforcement of HOA Rules
Unfortunately, HOA abuse is not uncommon in homeowners associations. Many board members abuse their power and play favorites when it comes to enforcement, leading to selective enforcement and unfair penalties. How can communities avoid them? Here are some tips.
1. Elect Good Board Members
HOAs should elect competent board members who are fair and of good character. Good board members will enforce the rules equally, even if it means conflicting with friends or family.
2. Establish a System
The HOA should establish an efficient enforcement system that can be implemented across the community. It should outline the types of enforcement actions the board can take for each rule violation and include a fine schedule so the board imposes fair fines.
3. Be Transparent
The HOA board should be transparent about rule enforcement. They cannot show bias or prejudice regarding penalties. Implement ways to keep the board accountable to ensure the enforcement process is fair and transparent. Keep communication clear and consistent to avoid confusion.
4. Keep Detailed Records
The HOA should keep detailed records of past violations and penalties. This way, homeowners have a reference for violations and how they were handled. The homeowners can call the board if they see any signs of selective enforcement.
5. Provide a Medium of Complaint
The HOA should provide a means for homeowners to complain. Doing so allows residents to report violations the board might not notice. It’s a good way to enforce the rules and helps people see that the board is serious about enforcing them equally.
Common HOA Violations to Watch Out For
What violations are common in planned communities? Here’s a list of HOA violations that occur most often.
- Noise
- Smoking in non-smoking areas
- Improper vehicle parking
- Trash bins in the wrong place
- Exterior storage (e.g., storing bicycles and other equipment in the front yard)
- Forbidden exterior decorations
- Unapproved architectural changes
- Improper or overgrown landscaping
- Pet violations
- Illegal property rentals
- Commercial activity
Playing Fair
HOA violations are common in planned communities. They’re just a normal part of community living. HOA board members should handle each violation fairly and consistently. They should also have a standard enforcement process to avoid selective enforcement.
Personalized Property Management provides industry-leading HOA management services to HOAs in Southern California. Call us today at 760-325-9500 or send us an email at info@ppminternet.com for more details!
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