Homeowners’ associations and board members have a central purpose of building and maintaining a community that members enjoy living in. The main driving force of that structure of community is the covenants, conditions, and restrictions (CC&Rs) that establish the rules that the members must follow. In most cases, the Board of Directors also has the […]
Associations Assignment Authority to Management Agent Confirmed (FL)
In Seaside Town Council v. Seaside Community Development Corp, 1D19-755 (Fla. 1st DCA 2021), Florida’s First District Court of Appeal (“DCA”) reversed the trial court’s judgment in favor of Seaside Community Development Corp. (“Developer”) holding that Seaside Town Council (“STC”), as the management agent with assignment of enforcement right by the associations, had standing to […]
Can you operate a business from home while living in a community association? (OH)
Most Declarations contain a provision prohibiting commercial or business activity from being conducted or operated from a unit or home within an association. Deed restrictions prohibiting business or commercial activity are consistently upheld in Ohio courts as valid and enforceable. But what is “business” or “commercial” activity? Ultimately, it is up to a court to […]
6 HOA Violations & How to Avoid Them
A Homeowners Association (HOA) is a private body made up of members of society who own property within a common area, led by an elected board of volunteers. The association’s main objective is to grow and add value to the property by protecting communal regions and setting rules and regulations. Read the entire article……………………………….
These rules are unenforceable, even if your HOA has them (AZ)
Your homeowners association may be frustrating to deal with, especially if it has many different rules and regulations that you need to follow. While HOAs are helpful in maintaining a general look to a neighborhood or working with properties to keep their values, not all HOAs are reasonable or respectful to those in them. Read the […]
Neighbors voice concerns over high fines from speed camera tickets (NV)
Neighbors in a Spring Valley community have concerns over the use of cameras to crack down on speeding, and ticket fines they said are far too high. According to an HOA notice by email in the Park View community, the penalty for anyone speeding past 15 miles per hour is as follows: a first violation […]
Can the HOA Board Issue Parking Tickets? (CA)
Parking in a homeowner’s association is always a hot topic. From where it’s ok to park and not to park to enforcing parking rules and even issuing parking tickets, homeowners tend to be very territorial about their parking spaces – and adamant on making sure others living or visiting in the HOA don’t get away […]
Three Common Covenant Enforcement Defenses – Waiver, Estoppel, and Selective Enforcement
Associations frequently find themselves in a position of strength when they wish to enforce violations of their convents. Where the terms of a covenant are unambiguous, courts will enforce such restrictions. However, it is not uncommon for an owner who has violated the covenants to scramble for defenses to try to justify his or her […]
How to Determine Whether Compliance Fines are Reasonable (CA)
Asked – How long should homeowners associations levy compliance fines against non-compliant Members before transferring the files to legal counsel? Read the entire article……………………………….
People Back ‘Petty’ Homeowner Embroiled in Dispute With HOA Over Hinges
Aresident claims to be embroiled in a drama with their Homeowners Association (HOA) that started off as a query about decorative hinges. The homeowner, based in Fort Myers, Florida, has been sharing a series of clips to their TikTok account, @keyrealtors, documenting the saga with the HOA, Read the entire article……………………………….
Gov. Island asks judge to put end to 10-year legal ordeal (NH)
Saying enough is enough, the homeowners association for Governors Island asked a superior court judge to take strong action against one of its members for repeatedly failing to remove structures on his property in violation of association regulations, and failing to abide by numerous court orders stretching back nearly 10 years. Read the entire article……………………………….
License plate readers are emerging across Kentuckiana: Why?
You may not see it, but it will see you. Or at least, your license plate. Automatic License Plate Readers take photos and then log data about every vehicle they see. People living in the Polo Fields community said it makes them feel safer, but some people have privacy concerns when you apply it to […]
Condo violation letters
When it comes to rule enforcement and violations, it seems that HOAs are always the topic of discussion. But condo developments are required to enforce rules and bylaws as well. In fact, it’s imperative that violations are promptly addressed in condo buildings. While a noisy neighbor may impact one household in a neighborhood of single-family […]
Whose lawn is it, anyway? (CO)
Nestled behind Willits along the Roaring Fork River is a charming subdivision known as River Oaks. In 2020, one of the riverfront homes sold for $2.2 million, according to the Compass listing. Had the Eagle County Department of Community Development followed a 1987 recommendation from the Colorado Geological Survey, the subdivision wouldn’t even exist. Read […]
“Honey, those neighbors are at it again! Call Code Enforcement!” (FL)
There was a time, not so long ago, when Floridians could easily, and anonymously, report known or suspected violations of local ordinances and regulations to code enforcement. Neighbors could report their concerns about abandoned or unsafe structures, building without permits or by unlicensed contractors, unpermitted uses of property, noise violations, storing inoperable vehicles and junk, […]
A Case Study in Ending Speeding in Community Associations
Speeding within communities is a dangerous concern for most HOAs. This is especially true for large communities consisting of long, wide roads that may tempt some drivers to hammer down on the gas pedal. This speeding concern became a critical issue that a large, gated HOA decided to act upon. The Board of Directors felt […]
7 Ways Boards Can Help Homeowners Follow HOA Rules
There’s a fine line between enforcement of rules and fostering community bonds. Often homeowners will perceive Board Members as being too harsh and unruly when enforcement is too strict or communication is poor. Boards may sometimes become exhausted with having to deal with owners breaking rules repeatedly. When problems arise, and one particular rule/regulation is […]
Dealing With Disruptive Residents – Empathy & Education vs. Enforcement & Eviction
If you live in, work in, or provide services for a co-op, condo, or HOA, you know that however harmonious a building or association is in general, there is always that one person—or perhaps more than one—who throws a wrench in the works. It could be the guy who seems to take pleasure in disrespecting […]
HOA Board Members Beware: How Can Arizona HOAs Deal with Problematic Homeowners
Even seasoned board members can be daunted by the most difficult part of their volunteerism, managing the owners. Many a meeting has fallen to chaos when the Board did not take management initiative. What started as an opportunity to share opinions and ideas became nothing more than an embittered imbroglio of discontent. Read the entire […]
Important Takeaways for Community Associations from TV News Report on Rules Enforcement (FL)
A report that aired in late November on 7News (WSVN-Fox) in South Florida focused on a local renter in a dispute with her condominium association over her motorcycle. While the property’s rules ban motorcycles, the tenant had apparently been explicitly told she would be allowed to keep and park her motorcycle at the property prior […]
Condo Board Imposes Rules and Fines on Dog Owners. Is That Legal? (NY)
A condo board on the Upper West Side announced that it will fine residents — unit-owners and rent-stabilized tenants alike — if they fail to follow a new rule requiring dog owners to use the service elevator, carry their dogs while in the elevator, and enter and exit the building through the service entrance. Are […]
Smart Strategies to Encourage Voluntary Rule Compliance
As a board member of a homeowners’ association (HOA), you know that rules must be in place to create a cohesive and functional community. However, it can be time-consuming to constantly monitor and enforce the rules when there’s so much more on your plate. That’s why it is essential to have a plan that fosters […]
HOA Traffic Enforcement: How To Prevent Reckless Driving In The Community
HOA traffic enforcement is a commonly discussed issue among many communities. With reckless driving and speeding becoming more prevalent, it is easy to see why some boards might want to impose their own traffic rules. Read the entire article……………………………….
Condo Board is Required to Enforce the Rules (FL)
Florida’s condominiums are governed by both Florida’s Condominium Act and their own Declaration of Condominium and rules. The Act’s requirements must be followed by all condominiums. Each condominium is governed by separate rules and regulations unique to that condominium. Read the entire article……………………………….
State Legislation Filed to Prevent HOA Fines from Becoming Liens (FL)
Kissimmee State Representative Kristen Arrington introduced HB 1039, an Act to prevent unpaid HOA fines from becoming liens that could lead to properties being seized, and HB 6103, which would repeal the ability for HOAs to issue fines. The companion legislation, SB 1362 and SB 1364 were filed by Orlando State Senator Victor Torres. Read […]
Drawing a Line in the Sand’ by Reviving Previously Unenforced Restrictions (FL)
The previous boards failed to enforce the parking restrictions in the community, and now parking has become a nightmare. The new board would like to remedy the solution, but can the board begin to enforce a restriction that has not been enforced in the past? Read the entire article……………………………….
What are Deed Restrictions and When are They Enforceable (FL)
As a real estate attorney, I’m often approached by clients purchasing a new property that are concerned with deed restrictions. They first want to know what deed restrictions (also known as covenants and restrictions) are, and second, they want to know whether such deed restrictions can be circumvented. Read the entire article……………………………….
Can your HOA make you follow rules it doesn’t otherwise enforce?
You probably knew there would be some restrictions on your behaviors when you bought a house in a homeowners association (HOA). Your HOA might provide you with certain amenities or benefits, like access to a fitness facility or other community spaces. The HOA also helps you protect your investment in your home by establishing and […]
What Are Unenforceable HOA Rules? What To Do About Them?
Homeowners association rules are man-made, so it makes sense that they are not perfect. You might like to believe that all the rules in your HOA are good and enforceable. But, the fact of the matter is, unenforceable HOA rules do exist in many communities — and you may not even know it. Read the […]
CDDs to discuss unpaid fines at homes in The Villages owned by dead people (FL)
Four community development district boards this week will be discussing unpaid deed compliance fines racked up at homes in The Villages owned by dead people. Uncollected fines are becoming a nagging problem at abandoned homes in Community Development Districts 1 through 4. Read the entire article……………………………….
Early Christmas Display In HOA: Should Homeowners Be Fined?
It is not uncommon for homeowners to put up an early Christmas display in HOA communities. What many of these homeowners don’t know, though, is that associations typically have rules concerning holiday decoration schedules. And violating such a rule can result in a monetary fine. Read the entire article……………………………….
Enforcing a Rule an Association Didn’t Enforce (FL)
When she moved into the condo, they had a rule that barred motorcycles, but years later, they are telling her they’re enforcing the rule and she has to get rid of the cycle. Can an association come after you for a rule they let you break? Let’s bring in Help Me Howard with Patrick Fraser […]
What Is An HOA Injunction?
It is the HOA board’s responsibility to enforce the rules set forth in their association’s governing documents. But what’s a board to do when enforcement methods, such as fines and suspension of privileges, do not result in compliance? If it becomes necessary to seek further enforcement, a court proceeding may be necessary in order to […]
Should Your Association Go Hardcore with Violations or Bring More of a Sense of Community? Maybe There is a Blend That Could Work? (CO)
In most associations, it seems that doing that weekly drive to find those owners in non-compliance is the rage lately or has it been for some time now? Do you find that this brings a sense of community to those living in your association when they get this violation letter in the mail? I have […]
Selective Enforcement of Restrictive Covenants
When the homeowners association in a housing development files a lawsuit seeking to enforce a restrictive covenant, it isn’t unusual for the defendants to feel they are being unfairly singled out for harsh treatment. They can often point to other situations where enforcement of the covenants has been lax. Read the entire article……………………………….
Leander HOA puts brakes on controversial speeding ‘ticket’ plan, for now (TX)
The Crystal Falls Homeowners Association in Leander has put the brakes on a controversial plan to stop speeders, for now.“I know we had good intentions, but we don’t want to cause problems for our community,” said HOA board member Eddie Green. “We don’t want this to be the number one thing we’re known for.” Read […]
Think Rules and Regulations Do Not Need To Be Recorded? Think Again!! (FL)
Many Floridians live within a community operated by an association of some kind, be it a community of single-family homes under the jurisdiction of a homeowner’s or property owner’s association, or a condominium building maintained by a condominium association. Read the entire article……………………………….
Comparative Hardship in Covenant Disputes (MD)
In court, disputes over covenants in HOAs and condos are typically governed by the rules of equity. What this means is that courts are more inclined to consider fairness to the parties and certain outside factors than they otherwise would be in a straight breach-of-contract action. What this does not mean is that the law […]
How Does an HOA Enforce Rules?
Societies have always been founded on the basis of people agreeing to live a certain way to improve life for everyone involved. There are lots of benefits to living in an HOA, and these all come because of the agreement of members of the community to follow certain rules. As important as deciding upon these […]
The Ultimate Guide to Interpreting & Enforcing Architectural Restrictions (NC/SC)
Architectural guidelines, review, and enforcement are undoubtedly some of the more confusing and contentious responsibilities of volunteer community leaders. Though reviewing applications, approving or denying them, and enforcing the guidelines may sound straightforward, many things must be considered when reviewing architectural-related matters in your community. Read the entire article……………………………….
What is a “Fining Committee” and Who Can Be on It? (FL)
Of all enforcement options available to an association for violations of its governing documents, the imposition of fines is one that yields many questions due to the strict procedures required to impose a fine. If the process is not followed properly, it may result in invalidation of the fine, and can also result in potential […]
Due Process Regarding an Association’s Disciplinary Procedures (CA)
Rules are meant to be followed. However, some homeowners unknowingly or knowingly violate these rules. What should an association do under these circumstances? First and foremost, every association should have clear disciplinary and enforcement procedures (i.e., due process) regarding the handling of a homeowner’s violation of the association’s governing documents (Civil Code section 5850(c)). […]
Due Process Regarding an Association’s Disciplinary Procedures (CA)
Rules are meant to be followed. However, some homeowners unknowingly or knowingly violate these rules. What should an association do under these circumstances? Read the entire article……………………………….
7 examples of condo and HOA rules gone wrong
Condos and HOAs create and enforce rules for several reasons. These rules are designed to preserve the value and well-being of the development or building, as well as the homes and facilities within the community. Rules exist to keep residents safe and to set a standard of expectations for everyone. Rules let people know what […]
7 examples of condo and HOA rules gone wrong
Condos and HOAs create and enforce rules for several reasons. These rules are designed to preserve the value and well-being of the development or building, as well as the homes and facilities within the community. Rules exist to keep residents safe and to set a standard of expectations for everyone. Rules let people know what […]
HOA selective enforcement: Are rules being enforced evenly?
The rules and bylaws of an HOA are designed to maintain the value and aesthetics of the development, keep owners safe, and preserve peace and happiness in the neighborhood. HOA members already know that their community’s governing documents contain specific rules about what owners can and cannot do. Rules will dictate where trash bins can […]
The Importance of Understanding HOA Rules
There are many rules and regulations that members must follow when living in an HOA, and for good reason! The governing documents set forth specific guidelines that must be enforced by the board of directors. From parking rules to short-term rental restrictions, to home maintenance standards and architectural controls, HOA rules can at times seem […]
HOA Rules And Regulations 101
Whether you are just moving into an HOA-run community or have already lived in one for years, it is important for you to get to know your HOA rules and regulations. But, what are these rules anyway? And who decides what rules to make? Read the entire article……………………………….
What Is Selective Enforcement and Is Our Board Doing It? (CO)
In its most basic form, “Selective Enforcement” is when an association’s board chooses, at its discretion, to enforce a particular rule or obligation against one owner or group of owners but not to enforce that same rule or obligation against other owners. Read the entire article……………………………….
5 Ways To Handle a Resident Complaint About HOA Violations
As an HOA board member, you will constantly be confronted with complaints about one issue or another. Like any other shared community, misunderstandings among HOA members are bound to arise. And for this reason, board members must have an established system of resolving disputes to create a habitable environment and avoid conflicts with the law. […]