Anyone who works in the community association industry in Colorado knows by now that the legislature imposed major changes to the Colorado Common Interest Ownership Act (“CCIOA”) during the 2022 session which significantly affects the operation and governance of common interest communities. HB22-1137 became effective on August 10, 2022. Read the article………………………..
Windsor man fighting to keep toilet as lawn decoration (CO)
A homeowner is hoping to keep a unique decoration he has had in his yard for months, despite a notice from his homeowners’ association requiring him to remove it. Sean McGarry lives in the Raindance neighborhood in Windsor. He describes it as a fun place to live where everybody gets along. Read the article………………………..
How to Impose and Enforce Fines in an Illinois Condo Association
As Illinois’ First District Appellate Court recently stated, “[c]ondominiums are creatures of statute and, thus, any action taken on behalf of the condominium must be authorized by statute.” Glazer v. Priv. Residences at Ontario Place Condo. Ass’n2022 IL App (1st) 210156, ¶ 22. Along those lines, “[t]he affairs of condominium associations are controlled by the […]
What to Do When a Unit Owner Violates The Condo Bylaws (IL)
The Board of Managers for a condo association has many roles and responsibilities, including everything from collecting assessments to maintaining common elements throughout the condominium. One of those roles, and the one that can create the most conflict with condo unit owners, is the enforcement of the provisions in the Condo’s governing instruments, including its […]
What to Do When a Unit Owner Violates The Condo Bylaws (IL)
The Board of Managers for a condo association has many roles and responsibilities, including everything from collecting assessments to maintaining common elements throughout the condominium. One of those roles, and the one that can create the most conflict with condo unit owners, is the enforcement of the provisions in the Condo’s governing instruments, including its […]
Reviving Unenforced Restrictions (FL)
The previous boards failed to enforce the provisions of the Declaration, bylaws, and/or rules and regulations of the community and now whenever the manager tells someone that they are in violation, the response is that the Association allowed this to occur for many years without enforcement. All is not lost. Read the article………………………..
Report from the Trenches: Best Practices for Representing Associations in Small Claims Court (CA)
Although attorneys advise homeowner associations and community managers in preparation for appearing in small claims court and assist with appeals, more often community managers and board members go it alone since the amount in controversy does not seem to warrant the expense. Read the article………………………..
What Are Your Legal Rights As A Homeowner In An HOA Community? (CA)
Homeowners in a homeowners association (HOA) community have specific rights protected by law. Hence, community residents must know their legal rights and expectations from the HOA. After all, they pay for the upkeep and maintenance of the community. Read the article………………………..
Can the Board Enforce Restrictions that the Previous Board Failed to Enforce? (FL)
The short answer is yes. But not so fast. The correct procedures must be followed. The Board needs to put owners on notice that from this point onward, the restriction that was previously unenforced will now be actively and evenly enforced. This is done through a Board resolution adopted at a duly noticed Board meeting. […]
How To Properly Establish and Enforce Parking Rules in an Arizona HOA
As an HOA you need to ensure that you have provided means by which the cars in your communities are adequately regulated in order to achieve cohesion between homeowners. While many HOAs already have these parking rules in effect, some may not realize that their rules do not comply state and federal law or may […]
Covenant Enforcement in the HB-1137 World (CO)
Winter is a great time to review your association’s governing documents including your declaration and rules and regulations to ensure your association is moving forward in a positive direction. Specifically, you want to make sure that your governing documents match up to how the Board and the community see the Association moving into the future. […]
There Are Limitations On The Fines And Penalties An HOA Can Impose For Violations (AZ)
Homeowners are often surprised to receive monetary penalties for hundreds, or even thousands of dollars, for seemingly minor violations of the association’s governing documents. Although HOA’s may impose fines if they are authorized to do so by those governing documents, there are limitations on how such fines and penalties must be implemented and even vague […]
Should Homeowners Be Appointed As HOA Violation Enforcers?
Homeowners associations typically have covenants and rules that residents must follow. To ensure compliance, inevitable consequences are depending on the violation. It is usually the job of the HOA board to enforce the rules and penalize violations with the help of an HOA manager (if any). But, in some communities, especially larger ones, boards may […]
What You Need to Know About Selective Enforcement
When enforcing the rules and regulations for an HOA, it’s the responsibility of the association’s board members to act fairly and follow a standardized process. This ensures that all homeowners are treated fairly and that the community’s rules are being followed properly. Read the article………………………..
How are HOA Rules Enforced? (CA)
Living in any community means there are rules to follow. The police enforce the law by writing tickets, issuing warrants, or making arrests. Schools enforce policies for students by taking away recess, sending them to speak with the principal, or giving extra tasks to do. There are also rules when you live in a homeowners […]
HOA Backyard Rules: What Can And Can’t Homeowners Do
When it comes to HOA communities, rules are normal. That is why homeowners living in these communities, as well as buyers who are still considering purchasing a home in these communities, should familiarize themselves with the rules of the association. These include HOA backyard rules. Read the article………………………..
Enforcing Covenants Under HB 22-1137 – *Winter is Coming* (CO)
HB22-1137 (“1137”) has changed the way associations evaluate and conduct enforcement procedures. 1137 created significant hurdles for associations to effectively enforce their covenants, such as the requisite for specific notice requirements – which now mandates two thirty-day cure periods and requires the association to inspect and notify the unit owner once the property comes into […]
Follow The Rules! Tools To Effectively Enforce Compliance With Condominium Rules
Rules and regulations govern all aspects of community association living including, for example, when monthly common area charges are due, what types of pets (if any) you are allowed to keep, the time of day you can move in or out of your unit, whether and how you are permitted to rent your unit, landscaping […]
Manager’s Advice: HOA Holiday Decoration Enforcement Tips
The holidays are a fun and exciting time of year, and residents of homeowners’ associations often decorate their houses in celebration of the upcoming festivities. We all know how important it is for families to decorate their homes for the holidays, but we’re also reminded of the rules and regulations that limit such modifications in […]
3 Ways To Enforce Homeowners Association Rules
As HOA communities continue to grow, so does the need for adherence to established HOA rules. Below, we’ll review an HOA or community board’s traditional roles and responsibilities, three proven ways to enforce HOA rules, and some common violations many HOA board members report. Read the article………………………..
Evidence of Violations is Necessary (CA)
There will come a time when a homeowner violates an association’s governing documents (i.e., CC&Rs, Rules & Regulations, Architectural Guidelines…etc). If there is a possibility those violations will be litigated, the association must have a proper trail of evidence to bolster their claims. Read the article………………………..
Lawn Jockeys In HOAs: Should The HOA Board Take Action?
While homeowners generally have free rein over what they do with their property, the same can’t be said for those living in HOA communities. One of the more restrictive rules associations have is what decorations owners can put up. But, when it comes to lawn jockeys in HOAs, should the board have similar rules? Read […]
Can an HOA Board Levy Fines Against Its Homeowners? (CA)
People seem to have a love-hate relationship with homeowners associations. More often than not, the people that love them respect and feel protected by rules, and the people that hate them don’t like the rules – these are also the people who are usually violating the rules. Read the article………………………..
Enforcing the Rules and Regulations in Your Community: All Actions Have Consequences. How Prepared Are You to Enforce Them? (FL)
Whether you live in a condominium, cooperative, or homeowners’ association, owners and their guests, tenants and invitees are bound by the association’s governing documents, which may include the declaration, articles of incorporation, and bylaws, and any rules and regulations. Prospective owners and tenants must understand what is required of them under these documents as they […]
HOA Selective Enforcement
Owners purchase properties within homeowners’ associations under the expectation that the governing document provisions are being fairly and consistently enforced with all members alike. One of the Board’s primary responsibilities is enforcing the association’s governing documents. Keep in mind that if an HOA is inconsistent in its enforcement of specific rules, in the eyes of […]
5 Simple Steps on How to Enforce HOA Rules and Regulations
HOA rules and regulation enforcement can be controversial; however, doing it right can positively impact your community. Read the article………………………..
Due Process is Critical to the Violation Process (IL)
Consistent with prior rulings, Illinois courts have shown a fondness to expand a condominium board’s duties in ensuring “due process” in violation hearings. In Board of Directors of Winnitt Park Condominium Association v. Bourdage, the court refused to uphold a fine imposed at a violation hearing that was held at a time when the board […]
HOA Disciplinary Hearing: What Is It And How To Prepare For It
Holding an HOA disciplinary hearing is common practice among many homeowners associations when a violation has occurred. Both the HOA board and homeowners must know what to do when faced with this hearing. Read the article………………………..
How to Write an HOA Violation Letter Appropriately
Although this is usually one of the worst parts of being on an HOA or Condo Board, the association does sometimes have to enforce the rules. The main aim of an HOA violation letter is to report the issue and request a solution, not start a fight or make someone feel bad. Read the article………………………..
Condo Column: Costs and fees (NH)
Frequently a condominium association runs into a situation where a member of the fellowship of the miserable wants attention. The owner sends multiple emails contesting a fine a board of directors has imposed, or a directive from the board that someone has to remove the car parked on the grass, or any of a number […]
Can a Voluntary Homeowners Association Enforce Restrictive Covenants? (MI)
Most homeowners associations require that owners within the subdivision be members of the association. While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence. A voluntary homeowners association is just that, an HOA where membership is voluntary. But as a voluntary homeowners association, some members […]
What is Considered “Reasonable Time” When it Comes to Association Actions and/or Decision Making (WA)
An Association’s Board of Directors is responsible for, amongst a multitude of other tasks, taking appropriate actions and/or making decisions based on issues that arise within the community. Some common examples may be: water intrusion that causes damage to a unit, units, and/or common area; an architectural request submitted for review and approval by an […]
5 Weird Rules Homeowners Associations Can Actually Enforce
Homeowners typically have a love-hate relationship with their homeowners association. They love the HOA for keeping the neighborhood, pools, and parks looking impeccable, but don’t always like how it goes about enforcing the rules. That means homeowners sometimes deal with tough guidelines or face stiff fees for infractions Read the article………………………..
Community Associations: Self-Help or Injunctive Relief (FL)
Based on a recent opinion from the Second District Court of Appeals, Community Associations should consider self-help/abatement rights to cure violations before filing a lawsuit for injunctive relief. Read the article………………………..
New Unpublished Opinion – ORANGECREST COUNTRY COMMUNITY ASSOCIATION v. BURNS (CA)
Defendant Sandra Burns sought approval to build a wall across her front yard, and when her homeowners association said no, she built it anyway. After multiple attempts to get her to stop construction (and later to mediate the issue) failed, the association sued Burns, seeking a permanent injunction requiring her to remove the wall. Read […]
Heath v. Bear Island Homeowners Association, Inc. 76 So.3d 39 (Fla. 4th DCA 2011)
The importance of how language is drafted in covenants is at the heart of THIS CASE. Heath, a resident of Bear Island and as such a party to the Declaration of Covenants and Restrictions (“Declaration”), filed a lawsuit for injunction against the association and one of its directors. Read the article………………………..
Rules, Enforcement Are Keys to Reining in Bad Behavior, Promoting Safety in Community Pools (FL)
In South Florida, the pool is an extremely popular and widely used community amenity. While community pools can be a great source of joy and relaxation for residents and their guests, they can also sometimes become a focal point of strife and confrontations. Read the article………………………..
Can An HOA Profit From Foreclosures And Fines?
HOAs are generally regarded as nonprofit corporations, but can an HOA profit from foreclosures and fines? What are the legal implications of keeping surplus funds? Read the article……………………………
Can They Change the Rules Like That? A Look at Amendment of HOA Restrictions
It is very common for subdivisions and planned communities to be governed by homeowners’ associations – often referred to as “HOAs”. The lots in these subdivisions are also typically subject to covenants, conditions, and restrictions (“CCRs”) contained in the “declarations” that invest the HOAs with the power to govern those communities. Homeowners in these communities […]
Should Fireworks In An HOA Be Allowed or Banned?
Fireworks are a Fourth of July staple. But, should the board allow fireworks in an HOA? Learn the ins and outs of enforcing rules on fireworks in a planned community. Read the entire article……………………………….
How Can Your HOA Handle Residents Who Feed Stray Animals?
Feeding stray animals can cause a host of problems in your community. Some community members may worry that strays will carry diseases that can be passed on to their pets. In addition to that, not all residents will want to deal with the increased animal traffic that often comes along with feeding strays. Read the […]
How To Create An HOA Violation Letter
Whether you’re a resident of a small condominium or apartment complex, you must comply with all the rules put in place by the homeowner’s association (HOA). Also, all the HOA board members should be aware of the regulations and how to use them correctly. The primary goal is to maintain the general upkeep and image […]
Utah Supreme Court Holds HOA Restrictive Covenants Not Signed by Property Owners Are Not Void Ab Initio
The Supreme Court of Utah recently denied the appeal of a group of landowners (the “Landowners”) who sought to invalidate restrictive covenants imposed on them by a homeowners’ association as violative of public policy. See Wdis v. Hi-Country Estates Homeowners Ass’n, 2022 UT 17 (Utah 2022). Read the entire article……………………………….
Home Built in Violation of Restrictive Covenants Must Be Partially Demolished
Building a new home can be an exciting proposition, but it is important to review any declarations, deed restrictions, restrictive covenants, HOA Bylaws and HOA rules before having your plans drafted. It is common for platted subdivisions with homeowners associations to have some form of building restrictions. Common building restrictions in platted subdivisions often relate […]
Association Fines
Condo and HOA fines are one of the less enjoyable aspects of association management. People don’t like issuing or receiving them. But they are used because when issued fairly and consistently, fines work. Read the entire article……………………………….
Tips for making sure your condo or HOA community is aware of new rules
HOA and condo rules work to complement bylaws and covenants, conditions and restrictions (CC&Rs). These rules and regulations are intended to help keep communities safe, as well as address potential issues or recurring problems within the community. Some common rules include parking guidelines, trash and recycling procedures, pet restrictions, pool rules, maintenance standards and rental […]
Parking Enforcement Tips
Community streets crowded with parked vehicles can create visibility and maneuverability issues that make driving to and from your home difficult. It’s harder to see children playing on the sidewalk and move past oncoming traffic if cars are lined up along each side of the road. That’s why, in this article, we’ll give tips to […]
6 Encouraging Ways to Promote Voluntary Rule Compliance
Community associations create rules that communities and their members must abide by for long-term success. Everyone gets along much better when there are guidelines to govern what should and shouldn’t occur in a society. Read the entire article……………………………….
HOA, homeowner in court over snacks for dogs (NC)
When a Raleigh man created a dog treat station outside his home as an act of kindness, he never expected to find himself in the middle of a lawsuit in Wake County District Court. The HOA of his neighborhood wants it gone – but he says he’s not taking it down without a fight. Read […]
What the Cluck? Addressing Backyard Chickens in HOA’s (CA)
It is becoming increasingly popular to raise chickens in suburban and even in urban areas. Chickens offer a continuous source of fresh eggs and arguably help with pest control. Conversely, chickens can be loud, messy, attract coyotes, and arguably are best suited for rural, country life. Read the entire article……………………………….