HOA rule enforcement is an important part of community life. The rules exist to ensure that the residents have a pleasant and peaceful living experience. Moreover, they help the community collect ample fees, maintain aesthetic appeal, and maintain high property values. However, it can be challenging for many homeowners associations, especially when homeowners are uncooperative.
Can HOA Enforce Rules?
Homeowners unfamiliar with HOA living might wonder: is the HOA allowed to enforce its rules? Is it even legal? The answer is: yes, HOAs typically have the right to enforce rules. This is because homeowners agree to abide by the community’s governing documents when purchasing a home. They agree to be bound by the community’s architectural guidelines, HOA fee structure, and other property use and conduct rules.
HOA rules are legally enforceable as long as they do not contradict state law. Homeowners should know that their enforcement methods are legitimate if they’re granted the right by the law and the governing documents. HOAs typically enforce the rules by suspending rights and privileges, levying fines, or even placing a lien on a property for nonpayment of fees.
Why is HOA Rule Enforcement Important?
HOA rule enforcement is necessary because it preserves harmony within the community. It prevents neighbors from harming the other residents or taking actions that could be detrimental to the community at large. The rules protect the people in the neighborhood, allowing them a more comfortable living environment.
Imagine living in an HOA where there are no rules. People might obstruct the view of their neighbors’ homes, make loud noises every night, or convert the entire community into Airbnb. The community would become chaotic and even unbearable for some residents. They might even leave the community altogether. As a result, the neighborhood’s properties would reduce in value.
How to Encourage Homeowners to Follow the Rules
Homeowners may not always take the rules seriously. They may ignore the rules or even outright disobey them when they disagree with the rule. How do HOAs enforce rules and curb violations? Here are some ways to encourage homeowners to follow the HOA’s regulations.
1. Communicate With the Homeowners
The first thing HOAs can do is to communicate the rules with the homeowners. Homeowners often commit violations simply because they don’t know a rule exists. Communicating the rules clearly and regularly can limit the number of offenses committed.
On a related note, make sure the rules are easy to understand. Homeowners shouldn’t have to read several complex paragraphs to understand the community’s rules. Moreover, the HOA should be transparent about its enforcement process. They should clearly outline what will happen should someone violate a specific rule.
Finally, the HOA should explain the reason behind specific policies. Some homeowners may find the rules unfair. They might refuse to obey because they cannot understand the reason behind the rules. To avoid this, HOAs should explain why the board is implementing certain policies and how they can help the community.
2. Send Warnings
Honest mistakes happen no matter how well you communicate. For this reason, it’s best to issue warnings to homeowners who commit their first offense. The warning should include the details of the violation and dictate what will happen if the resident fails to undo the mistake or repeats the offense. A warning is often enough to deter residents from repeating the violation.
3. Issue Fines
Some homeowners are particularly stubborn and require more severe consequences before they obey the rules. In these instances, it may be wise to levy fines against the homeowner. Fines discourage people from breaking the rules because there’s money involved.
Levy the appropriate amount according to the offense committed. The fine should be reasonable. For instance, $100 might be too much for small offenses like breaking holiday decoration rules. However, it might be suitable for grave offenses like illegal rentals.
4. Suspend Privileges and Rights
HOAs may suspend a homeowner’s privileges and rights to deter them from violating the rules. For example, if they violate the rental restrictions, they may be suspended from using the HOA pool or clubhouse. Sometimes, HOAs may also suspend a homeowner’s right to vote on community matters.
5. Place a Lien on a Homeowner’s Property
Serious violations may warrant a lien. HOAs often place liens on homeowner property when they continuously fail to pay the dues. In the worst-case scenario, the HOA may even foreclose the home to collect the unpaid fees.
6. Enforce Rules Consistently
HOA selective enforcement can be a problem in some communities. It happens when the board enforces the rules on one homeowner but not on others or when an HOA board enforces only some rules but not others. Selective enforcement can signal bias and favoritism, which may put the rules and the board under scrutiny. The homeowners may even take legal action against the HOA for it.
Apart from these consequences, selective enforcement discourages homeowners from following the rules. They may lose respect for the rules and the board, resulting in more violations. Make sure to adopt a rule enforcement procedure and stick to it regardless of who is violating it or what rule is being violated.
7. Follow the Rules
Nothing is more discouraging than seeing the board members disobey HOA rules. When this happens, homeowners will likely break the laws themselves. The board should lead by example and uphold the community’s standards in their behavior and homes. Moreover, the board should not shy away from disciplining fellow board members if they violate HOA rules.
8. Re-evaluate Policies Periodically
HOA rules are not always set in stone. Sometimes, they can become outdated or irrelevant to the community’s goals. Thus, it’s crucial for the board to periodically review and reevaluate community policies to see if they still serve the community. If not, they may revise the outdated rules or remove them entirely.
What Happens When HOA Rules are Not Enforced?
Some homeowners associations are unconcerned with community life. The board might not have the time, resources, or energy to care for community matters. What happens when the rules are not being enforced?
Firstly, homeowners may become dissatisfied with the HOA. The community residents might feel like the HOA isn’t taking their complaints seriously, which may lead to more violations. Homeowners might see the HOA’s inaction and think the rules aren’t a big deal.
In the end, this may even lead to unenforceable HOA rules. The HOA may inadvertently waive its right to enforce the rule because everyone in the community has agreed to abandon it.
HOA Not Enforcing Rules: What Can Homeowners Do?
Homeowners may be frustrated by the HOA when they aren’t proactively enforcing the rules. What can they do when this happens? Can you sue HOA for not enforcing rules?
Talk to the Board
The first thing homeowners can do is meet with the board to discuss the issue. Homeowners can contact the board directly through call, text, mail, or email. They may also meet the board members at the HOA’s office. Alternatively, they may schedule a meeting with the board and state why the HOA should enforce a certain rule. Bring a copy of the governing documents and any evidence you can gather.
Amend the Governing Documents
If the community decides the rule is no longer relevant or serves the community well, it may decide to amend the governing documents. This takes a lot of time and effort, as the board will need to draft a new provision to amend the CC&Rs or bylaws.
Amendments may also require a majority vote from the membership. Before proceeding with an amendment, it’s best to consult state law and the governing documents. In Ohio, planned communities may amend the declaration or bylaws with a 75% vote of the homeowners.
Remove a Board Member
Homeowners may also choose to remove a board member for incompetence. Sometimes, a lack of HOA rule enforcement just boils down to a director’s negligence or selfish interest. In this case, it’s best to remove the board member according to the process outlined in the bylaws.
Take Legal Action
Finally, if the HOA refuses to perform its duties and the homeowners cannot remove a problematic board member, they may choose to sue the HOA. However, remember that taking legal action should be a last resort. It’s a lengthy and costly process, often with an uncertain outcome. Moreover, it can harm the community as a whole as it might taint the HOA’s reputation.
HOA Rule Enforcement: A Necessary Evil
Some homeowners may find HOA rule enforcement overly strict or harsh. Nonetheless, it’s a necessary evil. The HOA should consistently enforce its rules, no matter how small. Otherwise, the board may lose its authority to enforce the rules, which can lead to a more chaotic environment overall.
Elite Management Services provides industry-leading HOA management services to planned neighborhoods. Contact us online or call us now at (855) 238-8488 to request a proposal!
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