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…………………………….

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 […]

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……………………….

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………………………..

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………………………..

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: 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………………………..

How HB 22-1137 Changed the Face of Covenant Enforcement in Colorado Common Interest Communities

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………………………..

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………………………..

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 […]