Homeowners have an obligation to maintain their own property, while the HOA has an obligation to maintain the common areas. Here are the three most likely scenarios boards face. However, some violations occur more often than others.

Violations can happen at any point in time and in any form. These refer to how owners use their property (only using the garage for parking and not as a living space, not using the home for anything other than residential purposes, etc.). These refer to physical or structural parameters of the property (the size of a garage, the height of fences, etc.).

When it comes to architectural restrictions, there are two types to remember: But, individual owners can also enforce them by taking legal action against neighbors who violate them. The association, through its board, is typically the one that enforces these covenants. In an HOA setting, the restrictions that boards must enforce include architectural covenants, specific restrictions on owner property as recorded in the Declaration, and any other covenants spelled out in the governing documents (such as maintenance and assessment requirements). Slapping on a fine isn’t as simple as knocking on an owner’s door and asking to collect on the fine.

But, boards have to follow certain procedures as well before they can fine an owner. It doesn’t make sense to sue an owner for simply parking their vehicle on the wrong side of the street.įining an offender is, by far, the most effective and efficient way to enforce an HOA’s rules. Additionally, boards can’t use injunctive relief all the time, as many violations are quite minor. As such, it is not always an ideal choice for HOAs. This approach, while somewhat effective, is very time-consuming and expensive. Injunctive relief refers to getting a court to order an owner to do or not do something. Plus, some owners are unpredictable and may even use violence against the board and its members when confronted with this type of remedy. There are plenty of legal repercussions that can arise out of the situation. This approach is generally not recommended for use from a legal standpoint, even if the association’s documents allow it. For example, some governing documents give boards express authority to repair, maintain, or restore any changes made to an owner’s property without approval. This approach sees the board, along with its agents and employees, take matters into its own hands. There are three enforcement options generally available to homeowners associations and their boards: Three Options for HOA Enforcement of Rules When a violation occurs, the same laws and governing provisions provide HOAs and their boards with the ability to penalize the offender. This authority usually stems from state laws or the association’s governing documents. Homeowners associations are given the authority to create and enforce rules to govern the community and its residents. A big part of ensuring its success is enforcing rules and covenants. This also involves maintaining the appeal of the neighborhood, which can extend to regulating the actions of owners and the use of properties. The purpose of a homeowners association is to manage the community and its shared assets. Here are the most important things to know about HOA rules enforcement. But, the process can be tricky, and HOAs can find themselves in hot water when they fail to follow the best practices. Homeowners associations bear the responsibility of enforcing the community’s rules and covenants. Watch our Webinar on Covenant Enforcement – Best Practices below.

Enforcing covenants without hoa