Megan’s Law is a federal law that permits authorities to release information about registered sex offenders (“Registered Offender”). California has a database of Registered Offenders available for public viewing on the internet (see www.meganslaw.ca.gov). Searches can be done by a Registered Offender’s name, or by city, zip or within a predetermined radius of a selected […]
Peace of the Puzzle
DAVE MASON’S 1977 soft rock hit “We Just Disagree” has a message that should resonate for community association board members and managers. You might laugh, cringe, have no idea what I’m talking about, or get the song stuck in your head, but the chorus goes: So let’s leave it alone ’cause we can’t see eye […]
HOA Repeat Violations: How To Deal With Them? (NC)
Homeowners associations have strict rules that govern the community and keep order. And where there are rules, there are violators. But, what happens if your association starts seeing HOA repeat violations? Read the entire article……………………………….
Got Compliance? If Not, Here Are Some Best Practices On Handling Community Association Violations (NC)
As a volunteer community leader, you probably never pictured yourself acting as the “town sheriff.” But community associations have governing documents which must be enforced, and someone must enforce them, right? When it comes to compliance issues, acting reasonably and uniformly enforcing the provisions of governing documents will make your time as a board member […]
Fining Procedure Details Explored (FL)
Q: Fining for violations has always been confusing to me, since most fines are cumulative or compounding for each day the violation is not corrected. Should the due date be following correction of the violation or whatever date the fine ceases? Read the entire article……………………………….
What Homeowners Association Pet Restrictions Should Your Board Enforce?
Homeowners association pet restrictions are commonplace in any planned development. But, deciding what pet policies your community should have in place is a little trickier than it might initially seem. Read the entire article……………………………….
Four things your HOA isn’t allowed to do (MD)
If you own a Maryland residence, you might be part of a homeowner’s association. Many neighborhoods form these associations to ensure that all members follow a specified set of rules. By following these rules, you get to enjoy the amenities offered by your homeowner’s association. With that said, there are times when an HOA might […]
Consistent enforcement: The first step to reducing conflict in community associations
Residents in community associations won’t always see eye to eye on every issue, and that’s OK. We simply aren’t wired to agree on everything. However, sometimes, a simple disagreement rises to the level of conflict. The path to reducing conflict in associations begins with proactively and intentionally acting to avoid the disagreements, issues, and other […]
Speed Limits (OH)
People driving at excessive rates of speed within community associations is a common problem for many association boards. While this problem can be difficult to address, there are options for boards to consider. First the association must establish a speed limit for the private streets owned or maintained by the association. This speed limit can […]
‘Your act of casual cruelty was successful’: HOA Karen forces father to demolish children’s treehouse
A picture circulating around Reddit subreddits is telling a heartbreaking tale: A father posted a note to a tree saying that, thanks to a Karen who allegedly told on him, his Homeowners Association (HOA) made him take down a treehouse that his kids were enjoying on his property. Read the entire article……………………………….
Fines can vary based on association rules (IL)
Q: The board of our association is revising the rules and the fine schedule. Should the rules specify the amount of the fine for a violation or simply leave it up to the board to decide? What is commonly done in this regard? Read the Q&A……………………………………..
3 Steps to Handling Noise Complaints Between Neighbors
Every year, hundreds of millions of Americans are forced to deal with loud, intrusive noises from their environments. When that happens within an organized community, they will often bring their complaints to an HOA/COA board member. 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 […]
Is Your Fining Process Fine? (FL)
Prior to 2010 Florida law only allowed the association to fine for violations of the governing documents, if the authority to fine was contained in the declaration or bylaws. In 2010, the law changed and associations had the power to fine, even if the power to fine was not contained in the governing documents. Read […]
Tips on How to Handle Violations in an HOA/Condo (AZ)
One of the larger problems in HOAs/condos is getting owners to follow the CC&Rs, bylaws and rules. Some of the most typical violations by owners are the following: tenants not following rules, not getting ACC approval, failure to maintain landscaping, not putting away trash cans, parking, smoking, installing unapproved signs and flags and not paying […]
Preventing HOA Selective Enforcement
It’s no secret that along with the perks of HOA membership, homeowners are subject to rules and regulations that they are required to follow. It is the board’s responsibility to enforce those rules and ensure that all members are adhering to them. But what happens when that enforcement appears to be arbitrary? A homeowner may […]
The appeal of appeals for condo owners (NH)
Last column I noted what can and should happen when a board of directors sanctions an owner without providing any evidence to an owner about the basis for the sanction. But what if, instead of choosing not to show an owner any evidence at a hearing in front of the board, a board of directors […]
Resolving HOA Enforcement Through Voluntary Compliance
When a homeowner receives a notice of violation from their HOA or condominium, they must decide if they are going to fight it, comply or file an architectural application to receive formal approval. There are many instances when the homeowner can and ought to keep the installed improvement. However, there are other situations in which […]
Condo World: Trials and tribulations of association violations (NH)
Not having been a philosophy major, I’ve never quite figured out the answer to the question, “If a tree falls in the woods and no one is around, does it still create a sound?” I tend to think it does, just one that’s not heard. (And who’s to say other animals or even trees can’t hear […]
The 4 Most Common HOA Complaints & How to Handle Them
Neighborhood disputes are unavoidable in any Aurora, Colorado community. From trash schedules to noise complaints, if one lives next to someone long enough, odds are that there will be an issue or two that arise over time. Most issues between neighbors can be settled quickly on their own, but sometimes some issues will be escalated […]
Smarter Violations in Your Large HOA (FL)
Does your HOA have 500 units, 1000 units or 2000 units? How effective is your inspection process? Are tours completed in a routinely and timely manner? The reason this may not be happening is because the process is just too time consuming, and the manager is consistently putting it off in favor of less time-consuming […]
HOA Enforcement: Why Consistency is Important
Consistent and equitable enforcement of a Community’s governing documents, including the CC&Rs, is critical in creating a balanced, successful Association. Read the article…………………………………….
The Almighty Injunction (VA)
In the world of enforcing covenants, deeds, and restrictions, injunctions are one of the most powerful tools association managers have in their arsenal. An injunction is an order from a Court either requiring a homeowner to comply with particular rules or restrictions or ordering the homeowner to cease violating the restrictions. Associations can request injunctive […]
Selective Enforcement: A Grossly Misunderstood Concept (FL)
Without exception, the affirmative defense of “selective enforcement” is one of the most misunderstood concepts in the entire body of community association law. How often have you heard something like this: “The board has not enforced the fence height limitation, so it cannot enforce any other architectural rules”? Simply put, nothing could be further from […]
Covenant Enforcement – How Does an Association Enforce a Violation? (CO)
As Spring quickly approaches, many homeowners will begin making upgrades and repairs to their homes and landscaping. Oftentimes these homeowners forget that prior to commencing work on their property they need to get approval from their HOA. With so many violations about to occur, what is the process that an association must follow to address […]
What Homeowners Association Pet Restrictions Should Your Board Enforce (OH)
Homeowners association pet restrictions are commonplace in any planned development. But, deciding what pet policies your community should have in place is a little trickier than it might initially seem. Read the article…………………………………
Selective Enforcement: What to Do When Your HOA Rules Aren’t Enforced Evenly
Living in an HOA has many benefits, but it also means following a set of community rules designed to preserve home values. Most HOA homeowners can shrug off the occasional late-trashcan or wrong-paint-color fine. After all, the funds will go to the new community pool and everyone has to pay them. Except when they don’t. […]
Our New Board Just Inherited a Host of Old Violations – What Should We Do? (VA)
We often get calls from new board members after transition from developer control. They have questions like this one: Some of the homeowners have added fences, above ground pools and sheds without getting approval from the Association. Many of these changes do not appear to meet the standards that are part of our documents. No […]
Rules are Rules: Don’t Feed the Cats (ON)
In a story that sounds a little far-fetched, an elderly woman is being sued by her condominium association in Tampa, Florida – for feeding a feral cat. Read the article………………………………..
What to do when residents repeatedly break condo rules
Every condo community is required to operate according to its rules and bylaws. Owners, tenants and visitors are all expected to follow them. And while they may feel burdensome at times, rules help promote the safety of owners, and prevent unreasonable interference to the use and enjoyment of the building, common elements, and individual units. […]
Violations that pre-date covenant or rule may be grandfathered (FL)
We have a small homeowner’s association with 27 homes. Our deed restrictions have been renewed and are valid. They provide for the following: Read the Q&A…………………………
$125,000 settlement to Gold Coast unit owner ends dispute over $500 fine (IL)
A condominium association in the Gold Coast has agreed to pay a unit owner $125,000 to settle seven years of litigation resulting from a $500 fine. 111 East Chestnut Condominium Association claimed the unit owner, Michael Boucher, had violated condo rules that prohibit “obnoxious or offensive activity within the association.” Boucher says the fine was […]
Is your community association using selective enforcement? (MD)
Like most in your Maryland neighborhood, your choice to buy your home was not based solely on the number of bedrooms and the square footage. You also wanted a safe neighborhood where the community worked together to keep the property values high and to provide attractive common spaces you could share with your family and […]
At home, at work: Regulating home businesses in community associations
Many Americans have turned to side hustles or completely changed how and where their brick-and-mortar business operates during the COVID-19 pandemic. Across the country, a growing number of pet groomers, hair stylists, fitness instructors, daycare workers, and entrepreneurs have set up home businesses, posing a challenge to community association restrictions. Read the article……………………………….
Unenforceable HOA Terms and How to Avoid Them
As part of the annual review and revision of governing documents, it’s important that HOA boards avoid using terms that will make association rules unenforceable. Doing so can help simplify otherwise complicated and messy conflicts, and can even help avoid costly litigation should the affected homeowner choose to take the dispute to court. Read the […]
Local HOA is forcing home-based daycare to shut down (MT)
A daycare facility, operating out of a home in Josephine Crossing, is being asked to shut down. The local homeowners association is asking Kreative Kids Daycare to shut down for what they say are legal reasons, which has caused many residents of the neighborhood to protest the decision. Read the article………………………………….
MASK FINE: Palmetto Place Condo Owner Fined $5100, She Says It’s Illegal (FL)
A Boca Raton Realtor who is selling her home in Palmetto Place — a large, upscale condominium building near Mizner Park — is fighting a $5100 fine she received for not wearing a mask in the building. Bobbi Engelke tells BocaNewsNow.com that the fine appeared on her estoppel statement which she just received as she […]
HOA Inspection Service: What You Need to Know
You may not know that many HOAs are recommended, or even required, to have an onsite inspection as part of their reserve study. These inspections are an important part of ensuring quality association management and can help protect property values and avoid unexpected expenses. Read the article…………………………….
Common HOA Violations and How to Avoid Them
Most people know that when they live in an HOA, there are certain rules they’ll be expected to follow. An association’s governing documents contain Covenants, Conditions, and Restrictions (CC&Rs) that clearly state what is expected of its members. Yet, even with these expectations, HOA violations happen all the time. The good news is, with a […]
Real Estate Q&A: Can HOA fine me for removing ‘Wear Your Mask’ signs? (FL)
Q: My condo association is fining me for flier removal and vandalism. They are accusing me of removing “Wear Your Mask” signs from our building’s main doors. I looked through our condo rules and documents and found nothing about flier removal. The condo president wants to make up some rules under his “emergency powers.” Can […]
Living by the Rules: Making—and Enforcing—House Rules (NY)
It’s a common bit for comedians and TV sitcoms: making fun of the ‘condo police’—those neighbors who take it upon themselves to enforce the rules set up by your condominium association or co-op corporation to regulate community living. They are sticklers for detail: Is your mailbox at the right height? Do you have contraband plantings […]
The 9 Most Common HOA Violations
Being a board member at your community association means that you have to make decisions regarding rule enforcement, and from experience, we can tell you that those decisions will not always be popular. Having a third-party management company, like Real Manage, who can notify owners and provide support, can help but having a thriving community […]
Different Tools for Enforcing the Rules in Co-ops and Condos (NY)
We have all seen clips on social media and news outlets of people ostentatiously refusing to wear a mask in public spaces, including the South Lawn at the White House. What happens when one of these so-called “anti-maskers” lives in your co-op or condominium? Although the vast majority of co-op and condo residents have dutifully […]
The HOA Rule Game
The issue of rules in homeowner associations is one that can trigger a wide range of responses. While most HOAs require little rule enforcement, there are some that seem rule-driven or inhabited by I-eat-rules-for-lunch residents. This combination is a formula for trouble. That said, there are some recommended approaches to effective rules compliance that every […]
How to Write an HOA Violation Letter
As an HOA board member, you may be faced with difficult challenges that come with maintaining an HOA community. It is in the boards best interest to serve their community and ensure that all governing documents are enforced according to their communities guidelines. In times when community members fail to live up to the standards […]
Can Our Community Restrict Political Signs (FL)
Election season is here and already raising many questions regarding a community’s authority to restrict political signs. If your community has a prohibition on signs, political signs are not exempt from those restrictions. The question then becomes does enforcement of no sign restrictions as to political signs violate an owner’s right to free speech. Read […]
How To Make An HOA Violation Letter
In every homeowners association, there will be homeowners who break the rules accidentally or intentionally. That’s why HOA boards must take non-compliance seriously. At the first sign of offense, they must send an HOA violation letter to remind a homeowner of his obligations to the HOA. If you want to improve rule enforcement, here’s a […]
The Association’s Strong Hand for the Removal of Non-Approved Structures (FL)
Enforcing HOA restrictions can be a formidable task, implicating myriad overlapping declaration provisions, association rules, and Florida law. And going to court to get injunctive relief – a court order requiring an owner to comply – can seem even more daunting. The elements that are required to establish a basis for injunctive relief are: (1) […]
Trespassing in Your Community Association | How does your HOA address the issue?
Various legal jurisdictions spell out clear guidelines on what amounts to trespass. In this case, trespass involves intruding in owners units (Condo Association) or homes/property (HOA) without their consent. Individuals responsible for this type of illegal intrusion are generally liable for a criminal offense that is punishable by law, though the punishments and legal definition […]
How To Manage HOA Violations
As a homeowner association (HOA) manager, dealing with violations is often the least enjoyable part of the job. Yet it’s also one of your most important duties. Your HOA clients are counting on you to help keep their community safe, peaceful, and welcoming to all residents. That’s why you need to know how to manage […]