With spring being in full force and summer being just around the corner, we wanted to remind all Associations regarding policies, covenant enforcement and good practices as it relates to landscaping. Read the article…………………………….
HB22-1137: Continuing Issues with Delinquencies and Covenant Enforcement (CO)
When this article publishes, we will be about 18 months out from when HB22-1137 took effect on August 9, 2022 and made significant changes to portions of the Colorado Common Interest Ownership Act (CCIOA). The law requires associations, management companies, and attorneys to handle delinquencies and covenant enforcement in very specific ways. It required changes […]
The Finer Points of Fining Condominium Owners
Condo association rules provide a behavioral road map for owners, explaining what they are allowed and not allowed to do. But creating effective rules is only half the challenge for boards; enforcing the rules is the other arguably more challenging half of this equation. When it comes to enforcement, boards don’t have many tools. They […]
Major Win for HOAs on Enforcing Restrictive Covenants in Washington
As recorded in the court’s decision, in 2018 the View Ridge Estates amended its CC&Rs to declare that: “No trees or other vegetation, in a view and/or view corridor area, shall be taller than a maximum of fifteen (15) feet …. Taller trees and shrubs are permitted so long as no Member’s view is unreasonably […]
Nuisance Violations: The Challenge Continues
One of the obligations of the Board of Directors of a condominium or common interest community association is to enforce the terms of the Association’s community instruments. In many cases, it is relatively easy for the Board to verify whether a violation of the community instruments has occurred. That is, by way of example, it […]
Overcoming the Challenge: Ensuring Renters Adhere to Community Guidelines (CA)
In the vibrant tapestry of community living, harmony and order are often maintained through carefully crafted rules and regulations. These are commonly referred to as Covenants, Conditions, and Restrictions (CC&Rs). These guidelines serve as the backbone of residential communities, ensuring that each member contributes to the neighborhood’s overall aesthetic and functional harmony. Read the article…………………………….
Why do residents break HOA rules? (CT)
If you run an HOA, or a Homeowners’ Association, you know that residents are going to break the rules. One of the challenges for an HOA is determining how to enforce these rules and what steps to take when residents break them consistently. Read the article…………………………….
Condo Boards and Managers Beware: Ignoring Complaints of Rule Violations Lands You in Court (NY)
A brand new Appellate Court decision underscores condo boards’ duty to act in good faith when residents report violations of building rules and regulations. In the case of Bacharach v. Board of Managers of the Brooks-Van Horn Condominium, the board faced legal action after years of alleged inaction regarding excessive noise complaints. The New York […]
HOA looks to fine Mooresville man $100 a day over patio lights (NC)
A Mooresville man risks getting fined $100 a day from his homeowners association for his backyard lights. It’s something he said has not been a problem, so he reached out to WCNC Charlotte hoping to get answers. Read the article…………………………….
HOA sends him 1 dozen-plus parking tickets, but he doesn’t own a car
For years, the Belmont Park Homeowners Association in Coweta County has been sending Roberto Cardenas parking citations for cars parked around his property. The only problem is, he doesn’t own a car. Nonetheless, Cardenas paid the fines because he was afraid his local HOA would put a lien on his home. Read the article…………………………….
How do HOAs enforce rules?
A homeowners association, or an HOA, does have the right to create rules for residents of the community. They do have to follow these rules, even though the rules are not technically laws. For instance, there are often rules governing where to park vehicles, how to do home renovations, how to handle holiday decorations and […]
Fines & Enforcement Considerations (OH)
Imposing an enforcement assessment, commonly referred to as a “fine,” on an unruly owner or property is a popular and usually effective mechanism for enforcing rules within a condominium or subdivision. Fines alone, however, cannot address all scenarios and must be imposed in accordance with applicable laws. Read the article…………………………….
Central Florida lawmakers work to reduce fines that can be issued by HOAs (FL)
Two lawmakers from Central Florida are introducing legislation to limit the amount you could be fined by homeowner associations. Watch the news report…………………………..
Common HOA Rules Homeowners Accidentally Break
We know rule enforcement is generally a touchy subject for HOA members. It’s the same for the HOA management company, too. No one feels great about issuing violation notices to homeowners. However, there is an important reason these rules exist at all: to protect and preserve property values by making sure that the community is […]
HOA Violations: A Community Association’s Necessary Evil
HOA violations are an unfortunate reality in any homeowner’s association. They can be inconvenient, embarrassing, and even costly. But the truth is that HOA rules and regulations are necessary to ensure a safe and harmonious living environment for all residents of the community. Read the article……………………………..
Can A Michigan Condominium Association Collect Attorney Fees for Bylaw Violations?
In Michigan, the responsibility for attorney fees and costs in litigation typically lies with the parties involved. Following the ‘American rule,’ attorney fees are not recoverable unless expressly allowed by statute, court rule, common-law exception, or contract. Dessart v. Burak, 470 Mich. 37, 42, 678 N.W.2d 615 (2004); Grace v. Grace, 253 Mich.App. 357, 370–371, […]
Implementing Condominium Restrictions (FL)
When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to when and to what extent […]
Court Upholds Association’s Decision to Refrain from Enforcing Covenant (WA)
In a recent unpublished Washington Court of Appeals opinion, a lot owner had sued his homeowners association and contended that it had a duty to take certain actions with regard to parking enforcement. Read the article………………………………
Ask the HOA Expert: Rules With Reason
Homeowner associations (HOAs) are the fastest growing form of home ownership in America. In metropolitan markets, they can account for over 2/3rds of all new home construction. As more buyers choose this form of housing, condos and planned communities are becoming a dominant force to be reckoned with. Read the article………………………………
Is It Time to Consider Removing an Association’s Right of Self-Help to Cure an Owner’s Violation from the Declaration? (FL)
Through the years Florida’s community associations have relied upon the court decisions that had routinely agreed that the provisions of Florida Statutes that expressly authorize an association to entitlement to an injunction (i.e., a judicial order requiring a person to take action) superseded the common law standard of the requirement that there be no adequate […]
How to Overcome Homeowner Compliance Challenges in Your HOA (CA)
Misconceptions often plague homeowners’ associations, causing friction and discord among community members. The erroneous belief that all residents automatically read, follow, and never ignore the rules can lead to challenges in ensuring homeowner compliance. These misunderstandings can disrupt the harmony and functionality of an HOA. However, there is a powerful tool that can address these […]
Can an HOA impose fines on homeowners? (CT)
One of the key responsibilities of HOAs is to enforce rules and regulations that ensure a harmonious living environment for all residents. Typically, these rules are outlined in the association’s governing documents. Read the article……………………….
HOA Homefront — Can the board enforce that? Why don’t they? (CA)
Q: My HOA has made a bulk of the daily hours reserved for private use in our fitness rooms and saunas. Is this legal without a change in rules by the entire HOA? Read the Q&A…………………………………..
Enforceable Vs. Unenforceable HOA Rules: A Guide For Association Boards
HOAs—Homeowners Associations—play a pivotal role in maintaining community standards and fostering harmonious living environments. While understanding the importance of balancing residents’ rights and ethical considerations can be challenging, association boards can create enforceable and ethical rules while fostering a harmonious and inclusive community. Read the article………………………..
Real Estate Matters: What happens when an association hasn’t enforced a rule for years?
Q: What does the law say about an association rule that has not been enforced for years? What are the procedures the association board must take to enforce the rule? Can a management company fine a homeowner $100 per day, or does it have to be a law firm that steps in to assess the […]
HOA Violation Process: What’s The Right Way To Handle HOA Violations?
The HOA violation process is among the most challenging parts of managing a community. HOA managers and board members have a duty to enforce rules and promptly handle violations. But, they must also be careful to follow due process to keep things fair and avoid liability. Read the article………………………..
Will You Get Arrested for Violating HOA Rules?
Homeowners Associations play a vital role in maintaining the aesthetics and overall well-being of a community. By implementing rules and regulations, HOAs strive to ensure that the neighborhood remains attractive, safe, and harmonious. However, it’s important for homeowners to understand what the consequences are for violating HOA rules and whether they could face severe penalties, […]
Refresher on Enforcing an Association’s Restrictions (IL)
Every community association has owners that violate the association’s community instruments. To ensure harmony and cohesiveness and to help avoid problems, the board of directors must enforce the restrictions contained within the association’s community instruments.Read the article………………………..
Maintaining Community Standards: The Importance of Deed Restriction Compliance (FL)
Maintaining community standards and preserving property values are vital aspects of creating a harmonious living environment. Deed restriction enforcement plays a crucial role in achieving these objectives, ensuring that community associations adhere to the community’s established guidelines. Read the article………………………..
Primer on Fines and Suspension in Covenant Enforcement
Enforcing violations in a community association can be cumbersome, contentious and unneighborly. Depending on the nature and severity of the violation, the association may be able to exercise self-help and cure a violation such as overgrown grass. Alternatively, in severe situations, the association may be forced to pursue an emergency injunction. Read the article………………………..
What Is A Fair Penalty For Violating HOA Rules?
Homeowners associations (HOAs) can punish residents who violate community rules and regulations. Determining a reasonable fine for committing an HOA violation depends on the infraction’s severity and the community’s financial situation. Read the article………………………..
The Hazards of Inconsistent Violation Enforcement in an HOA (CA)
As members of an HOA board, it is crucial to recognize the importance of consistently enforcing community rules and regulations. Inconsistencies in handling rule violations not only jeopardize the overall harmony and order within the community but also expose the board to potential legal liabilities. Read the article………………………..
HOA rules: 9 common violations that can cost you
When you’re on the hunt for a new place, you might come across homes in a community with a homeowners association, or HOA. Some believe an HOA’s rules and regulations protect and enhance property values, while others think of HOAs as over-reaching neighborhood patrols. Read the article………………………..
Oahu homeowner’s options after $50 chalk drawing fine (HI)
A Nanakuli resident is facing a $50 fine for drawing with chalk due to the house rules of her homeowner’s association. Heather Bedley said her children made a chalk drawing on a fence on Monday, July 3 and left it up until Tuesday, July 11 when she received a violation. Read the article………………………..
Oak Cliff neighborhood hiring police officers to stop 4th of July illegal fireworks, gunfire (TX)
Residents in Oak Cliff said they’ve been fighting for years to stop fireworks and gunfire during the Fourth of July holiday. This year, the HOA is hiring extra patrols to keep the neighborhood safe and quiet, especially for the elderly. FOX 4’s Rebecca Butcher spoke to those in the neighborhood who said the commotion has […]
Strict Compliance vs. Substantial Compliance – Not Knowing the Difference Can Cost You! (FL)
The Florida statues governing community associations often provide timeframes for notice to owners before the association can proceed with action, including passage of special assessments, adoption of fines and collections. While some statutory sections allow for “substantial compliance” with the statutory requirements, associations should be aware that the statutory timeframes require “strict compliance.” This means […]
3 Strategies for Improving Compliance with Covenants (CO)
Ensuring compliance with your community’s covenants is perhaps the best way to reduce unnecessary conflict and increase harmony among neighbors. There are no foolproof methods, but these strategies can help. Read the article………………………..
Which HOA Rules Can Be Enforced – and Which Can’t?
HOA complaints are common. They’re too expensive. They won’t let residents have free rein of paint colors. They limit what types of basketball goals you can put on your home, what sort of pets you can adopt and even the type of grass you can plant in your yard. Read the article………………………..
Is an HOA Board Required to Pursue Violations Brought Up by Homeowners? (CA)
Living in a homeowners association offers numerous benefits, such as shared amenities, maintenance services, and community regulations that contribute to an attractive living environment. However, disagreements and concerns regarding violations of HOA rules can arise among homeowners. When homeowners report perceived violations, it’s essential to understand the role and responsibilities of the HOA board in […]
Common Restrictions or Rules: Do They Help? Are They Needed? (IL)
It is not uncommon when drafting an amendment to a declaration or to rules and regulations to have a member of the board of directors or management say to us “we must include this restriction.” When we hear the restriction that must be included, we often think “not really” or “yes, but then you also […]
Unenforceable HOA Rules: How to Recognize and Address Them
Homeowners Associations (HOAs) are responsible for creating and enforcing rules and regulations designed to maintain property values and promote harmony within the community. However, there may be instances where certain HOA rules are considered unenforceable. Understanding what constitutes unenforceable HOA rules and how to address them is essential for homeowners living in an HOA-governed community. […]
What to Expect From a Violation Hearing (CO)
Under the Colorado Common Interest Ownership Act (“CCIOA”), before an association can levy fines against an owner, the association must provide the owner with the opportunity for “a fair and impartial fact-finding process concerning whether the alleged violation actually occurred and whether the unit owner is the one who should be held responsible for the […]
Here’s What Happens if You Violate Your HOA Rules
It’s estimated that there are over 370,000 homeowners associations across the U.S…….But it’s not just HOA fees you have to worry about. You also have to make sure to follow the rules your HOA sets. And if you don’t, the repercussions could be quite severe. Read the article………………………..
Tips for Improving HOA Rule Compliance (AZ)
Homeowners associations play a crucial role in maintaining the visual appeal, functionality, and overall value of the communities they govern. However, it can sometimes be challenging to encourage members to adhere to the rules and regulations set forth by the HOA. Read the article………………………..
Know Your HOA Fence Rules Before Putting Them Up
Every homeowners association has its own set of rules that apply to various things, even fences. It’s important to understand these HOA fence rules so that homeowners can avoid violations and board members can enforce them consistently. Read the article………………………..
Reviving Previously Unenforced Restrictions (FL)
While trying to enforce restrictions and rules in your community, have you run across evidence, or worse, been brought to your attention by current residents or a pending lawsuit, that your current or previous boards were arbitrarily or inconsistently been enforcing certain rules and restrictions? Read the article………………………..
HOA Homefront — Nine myths regarding member discipline (CA)
One unpleasant but necessary aspect of association board service is imposing discipline in response to un-neighborly behavior by members. Here are nine myths regarding HOA discipline. Read the article………………………..
HOA Homefront: 9 myths about member discipline (CA)
One unpleasant but necessary aspect of board service is imposing discipline in response to unneighborly behavior by members. Here are nine myths regarding HOA discipline. Read the article………………………..
Navigating HOA Rules: How to Determine What’s Important and What’s Petty (CA)
As a member of a homeowners association (HOA), you may find yourself wondering about the petty rules that govern your community. Are they necessary? Are they enforced? Do they serve a purpose? These are all valid questions that HOA members should be asking. Read the article………………………..
Condo Q&A: HOA rules violations subject to mandatory pre-suit mediation demand (FL)
Q: I am a director of my HOA and firmly believe that I am being harassed by the president, who clearly dislikes me and my constant disagreement with his decisions, which are most of the time emotional, careless and outside of the governing documents. I received a demand letter from the HOA lawyer for a […]