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. Read the article…………………………….
Can HOAs use drones to enforce regulations? (NV)
Q: An issue of a neighbor: She was surprised by our homeowners association revealing that her backyard was not in compliance. The previous owner had reported corrective action. She asked me about any recourse. She is from Florida and was unaware of our Office of the Ombudsman. I briefed her and advised that she should […]
Enforcing HOA Rules in Illinois: Are Unrecorded Regulations Valid?
In community associations, there is often a tension between a property owner’s desire to keep and maintain their lot in the manner that they see fit and the community’s desire, acting through a community association, to preserve a common set of community standards and expectations. In 2019, the Illinois Court of Appeals provided significant guidance […]
Passing Legal Fees To Rule-Breakers Can Be An Effective Sanction (NY)
What happens when a shareholder or a unit-owner calls your bluff and says, “Bring it on?” Bruce says, “Then you really have a dilemma. Either you pursue the litigation, carry through on your threat, and seek legal fees in conjunction with that litigation, or you cave. And if you back down, then you are going […]
Who Pays the Bill? When you can Recover Attorneys’ Fees and Costs in Enforcement Actions (CA)
Although there are numerous factors a board of directors of a community association should consider before filing a lawsuit, one of the biggest factors is whether or not the association can recover its attorneys’ fees and costs. The standard rule is that absent a statutory or contractual provision providing for otherwise, the “American Rule” is […]
As HOA members push back against excessive rules, Florida’s “Condo Commandos” are losing their grip on communities.
Homeowners’ Associations (HOAs) are meant to maintain property values and community standards, but in Florida, some board members—dubbed “Condo Commandos”—have weaponized their power. These self-appointed enforcers obsess over trivial violations: banning pickup trucks in driveways, outlawing patriotic flags, or even micromanaging curtain colors. Read the article…………………………….
10 common but little-known HOA fines to watch out for – and how to avoid them
Whether you’re decorating your home or carrying out renovation works, learning about common HOA fines that aren’t often talked about is important so you aren’t stung with an unexpected but hefty surprise. These fines can be handed out in the US when HOA members break rules and standards set in place. However, they can vary […]
Understanding Due Process in Association Disciplinary Hearings (CA)
It is not uncommon for an owner receiving a disciplinary hearing notice to respond with something akin to, “I’m bringing my attorney to the hearing!” or “I demand the accuser be at the hearing to allow me to ask them questions!” Associations are responsible for maintaining community standards. Imposing discipline, such as fines or suspensions […]
When the HOA Rules Are Clear… But No One Wants to Follow Them
HOA rules are meant to protect the community, but what happens when no one follows them? In this HOA Board Heroes episode, board member Calvin shares how his HOA tackled parking abuse, dumpster dumping, and the tricky line between enforcement and empathy. Learn how strong leadership, documentation, and consistency can restore trust and order (even […]
Imposing Fines Responsibility in your Community Association
There is nothing that will add more stress and bring up more discord and resentment in a homeowner’s association than when fines are imposed on members of the community association. The truth of the matter is fines are an unfortunate but necessary tool to ensure that homeowners meet their obligations to the community with regard […]
The ABCs of Deed Restriction Violations (TX)
Deed restrictions are unique in every POA. Each community has different needs and different requirements to ensure the aesthetics of the neighborhood are maintained. The terminology surrounding deed restriction enforcement is extensive. The following “ABCs” can serve as an introductory map of the deed restriction enforcement process. This article focuses specifically on single-family property owners’ […]
What can HOAs do when a homeowner refuses to follow the rules?
Communities with homeowners’ associations can offer several advantages that other communities don’t. One such advantage is the existence and enforcement of rules. HOA rules help maintain the aesthetic appeal and overall quality of the neighborhood. They also uphold consistent community standards, ensuring everyone can enjoy a certain standard of living in the neighborhood. Read […]
State Supreme Court rules homeowners covenants be equally enforced (SD)
In a ruling, the state Supreme Court says homeowners aren’t beholden to local covenants that aren’t meaningfully enforced. This comes after a case from Summerset was appealed all the way to the highest court in South Dakota. In this context, a “covenant” is a contract between a homeowner’s association or similar entity and the individual […]
Q&A: Can HOA Require a Fence and New Plants? (FL)
Question: My fiancé lives on the main road in a community of single-family homes. He received a violation letter from the association saying he needs to put up a fence, remove the current bushes and plant different ones. The section of the bylaw they sent over discusses maintenance of existing fences, docks, etc., but does […]
Maintaining Harmony: Best Practices for Enforcing Community Rules and Covenants
One of the most important roles a community association serves is garnering resident compliance for both community rules and declarations of covenants, conditions and restrictions (“Covenants”). If done well, enforcement fosters harmony and neighborly behavior within the community. Read the article…………………………….
Michigan Court Rules that Delayed Enforcement of Condo Bylaws for Unauthorized Deck May Create Laches Defense
Failing to enforce the condominium bylaws promptly and consistently can negatively affect condominium associations. In Powers v Bone, unpublished opinion of the Court of Appeals, issued February 11, 2025 (Docket No. 367748), 2025 WL 466349, the Michigan Court of Appeals highlighted the importance of timely and consistent bylaw enforcement. Specifically, the Michigan Court of Appeals […]
HOA Q&A: How do we handle repeat offender who fixes violation before fine is imposed?
Q: I am aware that one of the new laws for homeowners associations provides that if the Board levies a fine or imposes a suspension of use rights against someone who violates the rules, and the person corrects the violation before the fining/suspension committee meeting is held to uphold or cancel the sanction, then the […]
Best Practices for Community Associations Implementing Changes
For community associations and their boards of directors, effective rules and policies play a critical role in providing for community harmony and quality of life. Enforcement measures can prove to be a delicate balancing act for directors, so it is imperative for rules and restrictions to be clear and reasonable. Read the article…………………………….
8 Frequent HOA Violations & Tips to Steer Clear of Them!
Living in an HOA-managed community comes with many perks like well-maintained surroundings, increased property value, and a sense of community pride. Yet, in order to maintain those standards, homeowners can find themselves on the receiving end of a violation notice. The good news? Avoiding these common HOA slip-ups is simpler than you think! Read […]
Enforcement Consistency Issues Explored (FL)
Q: I am on the board of a 54 home HOA. One of the owners has basically all plants in his front yard. That has been that way since I moved into the community 14 years ago. I don’t believe anyone gave him permission to do that but apparently the board at the time turned […]
HOA Selective Enforcement
HOA selective enforcement involves enforcing some rules more strictly than others or targeting specific homeowners while ignoring others’ violations. This can lead to unfairness and loss of credibility, ultimately undermining homeowners’ trust and confidence in their HOA. Consistent enforcement of the governing documents, including CC&Rs and design guidelines, is essential for building trust and ensuring […]
How HOAs Can Enforce Community Rules Without Overstepping Legal Boundaries
Homeowners’ associations (HOAs) are tasked with maintaining community standards, but enforcing rules can sometimes lead to legal challenges. Here’s how Florida HOAs can strike a balance between effective governance and respecting homeowners’ rights. Read the article…………………………….
Common HOA Violations
Nobody wants to be the bad guy. As an HOA board member, you’re tasked with the often unpleasant job of enforcing all the rules and regulations that keep your community running smoothly. But what happens when those rules are broken? Read the article…………………………….
The Importance of Homeowners in an Association Following The Rules and Regulations
Living in a community offers a unique blend of private homeownership and shared responsibilities. Associations are typically governed by rules and regulations outlined in documents such as the bylaws, covenants, conditions, and restrictions (CC&Rs). These rules are designed to maintain order, protect property values, and ensure a harmonious living environment for all residents. Read […]
What should you do if the HOA sues you in Florida?
If you’re a homeowner in Florida and your Homeowners Association (HOA) has filed a lawsuit against you, it’s essential to stay calm and take immediate action. While it’s a serious situation, there are steps you can take to protect your rights and interests. Here’s what you need to know. Read the article…………………………….
Savannah woman sues Chapel Park at Berwick HOA (GA)
One Savannah resident is now suing her homeowner association after she said they abused their power by issuing unlawful fines. Whitney Anderson lives in Chapel Park at Berwick. She’s suing her homeowner association for $135,000 for giving out fines that she says go against HOA bylaws. Read the article…………………………….
Retroactive Application of Rules Explained (FL)
Q: My condominium association is considering implementing a new rule. They are unsure if the new rule can be applied retroactively to violators who broke the rule before it was enacted. If the board decides to enforce this rule, would they need to amend the bylaws, or can they implement and enforce this retroactively on […]
How to Create an HOA Violation Letter
In homeowners’ associations (HOAs), voting plays a crucial role in shaping the community’s future. Members vote on various issues, from electing the board of directors to approving amendments to governing documents. Read the article…………………………….
Yes, Your HOA Can Cite You For Setting Of Fireworks On New Year’s Eve (FL)
If you are relatively new to life in a homeowners association, know this: your HOA can (and likely will) cite you for setting of fireworks on New Year’s in your community. If there are rules that prohibit fireworks where you live, take it for what it’s worth: you will have no recourse if you receive […]
How to Resolve the 5 Most Common Violations of Illinois Condo Bylaws
Each condominium association has governing documents which set forth the contractual relationship between the association and the unit owners. One of those governing documents is the condominium bylaws. A condo association’s board of directors is obligated to enforce the declaration and the bylaws to ensure that each member of the condominium association is abiding by […]
Is There a Line Between Free Speech and HOA Regulations? (CA)
In the United States, the right to political expression is a cornerstone of democracy, protected under the First Amendment of the Constitution. Yet, for millions of homeowners living in communities governed by homeowners associations (HOAs), this fundamental right can clash with HOA rules designed to maintain uniformity and order. This tension is particularly pronounced in […]
Know Your Rights: Homeowners Associations and Housing Complexes Cannot Discriminate Based on Religion
For those of you who are (or have ever been) part of a homeowners association (HOA), you have likely dealt with your HOA in some form or another. Whether it was because, according to your HOA, your grass was too long, your vinyl siding needed to be power washed, or worse yet, your garden beds […]
Understanding the HOA Enforcement Process
Living in a community governed by an HOA can come with its own unique set of rules and regulations designed to keep neighborhoods looking their best and a great place to live. However, the process of how violations are handled can sometimes be confusing and lead to frustration for those who receive them. Read the […]
Effective Association Violation Letters Employ Clarity and Professionalism
Maintaining community standards and ensuring residents adhere to governing documents are among the primary functions of associations and their boards of directors. When residents run afoul of a community’s rules and policies, associations and their property managers should utilize clear and effective communications, such as a violation letter, to alert them of the infraction and […]
Maintaining Quiet Hours During Thanksgiving: A Friendly Reminder From Your HOA
When celebrating Turkey Day this year, it’s important for you to remember quiet hours during Thanksgiving. If you live in a homeowners association community, there’s a good chance that you have certain rules to follow, including noise rules. Violating these rules can lead to several consequences, such as notices, fines, and suspension of privileges. Read […]
Hosting Thanksgiving Gatherings: HOA Guidelines To Keep In Mind
Hosting Thanksgiving gatherings in HOA communities involves extra things to consider beyond party food and activities. From guest rules to noise regulations, homeowners should know how to balance their parties with HOA guidelines. Otherwise, the HOA could slap a violation on you and even charge a monetary fine. Read the article…………………………….
How to Avoid Frustrating HOA Landscaping Fees
For many homeowners, landscaping fees are one of the most contentious aspects of living in a community with a homeowners association (HOA). According to a recent survey from Frontdoor.com, 1 in 3 homeowners have experienced HOA challenges serious enough to consider moving. Violation notices for landscaping issues are among the most common — 42% of […]
Understanding Homeowners Association Rules and Tenant Compliance in Washington and Oregon
Homeowners associations and condominium unit owners associations (“HOAs”) play a pivotal role in maintaining community standards and aesthetics. They establish and enforce rules that contribute to a neighborhood’s cohesion, appearance, and property values. In Washington and Oregon, tenants who rent homes within HOA-managed communities are subject to these rules just as homeowners are. However, enforcing […]
Palm Beach County condo fined owner for speeding guest. Can they do that? (FL)
Question: Recently my physical therapist visited my condo for my therapy, and they took a picture of her car and license plate, saying she went over the 20 mile per hour speed limit inside the community. However, they billed me for the fine. They said that it was in my original condominium paperwork that I […]
Effectively Using Fines to Enforce Illinois Condo & HOA Bylaws
Enforcing the governing documents plays a key role in successfully operating a community association. Unruly behavior by a unit owner can lead to unhappy neighbors and a potential decrease in property values. Therefore, it is imperative that a community association’s board understand the remedies at its disposal to address improper conduct. One potential remedy is […]
Operating Rules Should be Enforceable, Not Aspirational (CA)
Operating rules are important tools for community associations. They supplement the CC&Rs and can provide important details regarding the use of the common area and the separate interests within the development. However, we are frequently presented with rules adopted by boards that are impossible to enforce. Rules are not self-enforcing; therefore, rules cannot simply be […]
HOA Violations: Consequences and How to Contest Them
HOA violations can be a significant source of stress for homeowners living in communities governed by homeowners associations. These infractions often lead to fines and other consequences that affect residents’ daily lives and property values. Understanding the common types of HOA violations, their potential repercussions, and how to address them is crucial for maintaining harmony […]
How to Effectively Address Common HOA Violations and Complaints (IL)
Get this: You’ve invested in a beautiful property in one of Chicago’s trendy neighborhoods, feeling good about the area’s growing appeal. Then, you get a notice from your HOA—something about a violation for an unapproved fence or trash bins left out. Annoying, right? If you’re a property owner, HOA violations can feel like an unnecessary […]
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 […]
Speeding in HOAs
…..an educational webinar with Michael Kassower from Frank Weinberg Black to discuss speeding in HOAs. Watch the video………………………….
How To Write A Friendly HOA Violation Letter
Managing a homeowners association (HOA) involves maintaining community standards and ensuring residents adhere to the governing documents. When violations occur, clear and effective communication is key. This article will explore how to write a friendly HOA violation letter that fosters a positive relationship with residents while addressing the issue at hand. Read the article…………………………….
How To Write An HOA Violation Letter
Navigating the world of homeowners association management can be complex, especially when it comes to addressing HOA violations. Clear and respectful communication is key to maintaining a positive community atmosphere. That’s where the HOA violation letter comes in. A well-crafted letter can effectively address rule infractions while preserving neighborly relationships. Read the article…………………………….
Rules, Regulations, and CC&R Compliance: Navigating Guidelines in HOA and Condo Associations in Florida
Living in a homeowners’ association (HOA) or condo association in Florida entails abiding by rules and regulations established by the association. These guidelines, often outlined in Covenants, Conditions, and Restrictions (CC&R), play a vital role in maintaining community harmony and preserving property values. In this blog post, we will explore the importance of understanding and […]
How to Handle HOA Trespassing
Do members or representatives of the HOA have permission to enter a homeowner’s property? Technically, yes. However, although there are times when the HOA can get authorization to enter a homeowner’s property, you may want to think twice before doing so! In many cases, the risks may outweigh the benefits. Read the article…………………………….
Can HOA rules override state laws and local ordinances?
Anyone who has ever lived in an HOA-managed community knows that specific rules are in place. While some residents find these rules troublesome, they serve an important purpose. Rules in an HOA help maintain order and consistency within the community, thereby preserving property values and attracting potential buyers. Read the article…………………………….