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 […]
HOA charges Denver homeowner $1,000 for trimming neighbor’s bushes (CO)
A Denver man thought he was doing his neighborhood a favor by taking on some yard work. His Homeowner’s Association thought differently. In his southwest Denver neighborhood, Curtiss Eckhardt isn’t beating around the bush about the bushes he trimmed. Read the article…………………………..
Is Running An HOA Home Business Allowed?
Every homeowners association is different, but most will run into the same basic problems. One such problem has to do with running an HOA home business. More specifically, should the association allow it? Read the article…………………………..
How To in HOA – Community Rule Enforcement
Often malaligned, Community Associations are usually in place to help protect the value of homes in their community. Many HOA board members are interested in serving their community to the best of their ability and know that without enforcing the rules and regulations set forth for the community, including CC&R’s, bylaws, and other governing documents […]
Condo World: To tow or not to tow, Part II (NH)
If a member of your board of directors suggests towing, be careful. Occasionally, you have the board member who always wants to tow vehicles to “send a message.” I always wonder what message it sends in a community association if the board is actively looking for vehicles to tow. Certainly not the right message. […]
Covenant Enforcement in a Pandemic World (CO)
2020 has been a crazy year for associations. We have all been forced to deal with new realities – many of which still pose unanswered questions. How are we going to have meetings when the state says we can only have a limited amount of people? Are we going to be able to open the […]
Fining Procedure Discussed (FL)
Q: What is the maximum fine an association can impose on an owner for a rule violation? Read the Q&A……………………………..
How To Deal With Trespassing In HOA Community (NC)
Believe it or not, trespassing in HOA communities is a common point of concern. Whether the situation involves the HOA entering a homeowner’s property or a homeowner entering community property, it is important for any association to know how to handle this issue. Failure to do so can result in serious consequences for both parties. […]
Ask The HOA Expert: Enforcing Old Rules, Landscaping, Neighborhood Watch
Question: Our current board is considering enforcing long-standing architectural restrictions that previous boards failed to enforce. Should we grandfather existing violations or enforce the restrictions retroactively? Read the Q&A………………………………
How Condo Boards Can Deal With Bad Behavior (NY)
If bad behavior in a condo is a serious ongoing situation, what can a board do to fix it? Habitat asks David Berkey, partner at Gallet Dreyer & Berkey, for his advice. It’s inevitable that residents in a co-op or condo sometimes behave in ways that cause headaches for their neighbors. But if it’s a […]
HOA Homefront: Help! The board isn’t enforcing the rules (CA)
Q: Residents in our HOA are encouraged to report rule violations. I and others have reported violations directly to the manager, primarily because the phone numbers and email addresses for any of the board members are not public for the residents. How do we follow up on reports of violations and/or obtain statuses? Some of […]
Fishers family faces threat of HOA legal action over 2-foot backyard wade pool (IN)
Bob and Julia Taylor bought an inflatable pool to help cool off during the pandemic. But that pool got them in hot water with their homeowners’ association. Read the article………………………
Restrictions in Community Documents Will Be Strictly Construed by Courts (FL)
A community association’s declaration of covenants governs the duties and responsibilities between an association and its owners. When interpreting the text of such documents, courts will apply a rule of strict construction that requires a court to apply any unclear or ambiguous language in the manner most favorable to the owner. Strict construction has a […]
Harassment of Disabled Persons is Illegal (FL)
Q: An owner reported to the board that another owner has been “harassing” him due to his physical disability and has asked the board to take action. Is this an association responsibility or a private matter between the two owners? Read the Q&A………………………………..
Round Lake Beach woman says Fairfield Village HOA made her remove signs celebrating son’s graduation (IL)
A woman in Round Lake Beach said she was forced to remove signs from her window and yard celebrating her son’s graduation and her church. Shara Wright said her son Aidan had recently graduated from 8th grade with top honors. “He has accomplished so much this year,” she said. “He was one of the top […]
Why Is HOA Rule Compliance Absolutely Necessary In A Community?
HOA rule compliance is an issue that association boards greatly struggle with. When structuring an approach, you need to balance the requirements of the HOA with the needs of the residents. It’s important to have a concrete structure in place to avoid unnecessary conflicts with your residents. If you want to learn more about effective […]
Ask SAM: How do HOAs enforce covenants? (NC)
Q: I live in a neighborhood that has a homeowners association that is supposed to comply with a declaration of covenants. However, some people in the association believe it is not necessary to comply with the covenants because they believe they are not legally enforceable. An issue that has come up pertains to satellite dishes, […]
Are HOA Bylaws Legally Enforceable? (FL)
If one lives in a neighborhood or condo community with an HOA (a homeowners’ association), they may be curious whether an HOA law is legally enforceable. According to Stevens & Goldwyn, P.A., most laws, and rules are indeed enforceable, however, most people who enter into an HOA contract do so with the understanding that they […]
Venice homeowners association fines resident $2,500 over legally-protected clothesline (FL)
The location of the clothesline — the perfect, sunny spot in Wuetcher’s backyard — is visible from the road, which the HOA does not like. “In February of 2019, I got a violation letter saying, ‘You didn’t do what you were supposed to do. We can see it from the street. You have to move […]
Condo column: HOA covenants not being enforced; what recourse do we have? (FL)
Q: We live in a community that has a HOA with covenants. During the past year, many of the covenants have not been enforced by the property manager nor elected board. They have constantly allowed random homeowners to do as they please without regard to the written covenants and restrictions. Most in our community moved […]
10 common HOA violations
There are over 350,000 homeowner associations in the United States! That equates to roughly 40 million households, or more than 50% of owner-occupied households in America. HOAs are legal entities, and they offer members the protection, maintenance and preservation of their homes and property. However, these members also have a duty to follow the association’s […]
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 […]
Amid backlash, Killearn Estates HOA halts enforcement of lawn, property violations, fines (FL)
The “Leaf Police” in Killearn Estates are standing down during the coronavirus emergency. After getting harsh criticism from residents, the Killearn Homeowners Association recently decided to stop issuing notices and fines for unmown lawns, unraked leaves and other violations of neighborhood rules. The move came after homeowners complained loudly online about enforcement of the HOA’s […]
How Quickly Must HOAs Bring Suit Against Homeowners for Violations of the Governing Documents? (CA)
Asked– Is the Board of Directors required to bring legal action, within a certain timeframe, against a homeowner, who is violating the association’s governing documents? Read the article……………………………
Neighborhood fights over blue Christmas lights to honor medical workers (UT)
It’s four months past Christmas, but one Saratoga Springs neighborhood has been fighting over Christmas lights that a homeowner said he put up to to honor medical workers. Jeff Noorda is a homeowner in the Legacy Farms neighborhood. He still has Christmas lights strung up around his house, even though it’s almost May. But the […]
FLS Films: Selective Enforcement (MD)
Our video topic today is those bad words for a community association board: “selective enforcement.” Click the video for discussion on the concepts of waiver and severability, and some tips to avoid hearing the dreaded phrase: Watch the video…………………………………
When Homeowner Associations Shade Out Solar Energy (MI)
Rick Freiman has a couple of reasons for wanting to put solar panels on his roof. They would save him money on his energy bill. But also, Freiman is a climate activist. He and his wife Deb want to shrink their carbon footprint. The Freimans live in a subdivision in Portage. They got a couple of […]
Yucaipa HOA Wants Frontline Worker Isolating in RV to Move (CA)
A borrowed RV in his driveway is home now for Michael Avila-Cabral. It’s where he’s slept for the past two weeks, after working as a physician’s assistant in a San Bernardino emergency room treating patients with coronavirus. “We’ll do the best we can, and weigh the risk versus benefit. Try to find that balance,” Michael […]
Association must provide notice and chance for hearing before imposing fine (FL)
Q: I come to you with a problem regarding a $200 fine for not attending a hearing that I was not able to attend. The hearing was about two palm fronds outside my front gate (not visible from the street). Someone took a picture of the fronds and sent them to the board with a […]
Residents who refuse to follow the rules (FL)
Just about every planned community in Southwest Florida has governing documents recorded in the public records of the County containing various regulations as well as unrecorded “house rules” that the residents are supposed to follow in order to maintain a community of congenial, financially responsible residents with the objectives of protecting the value of the […]
The Case for Fining in South Carolina HOAs and Condominiums
My community association practice is split between North Carolina and South Carolina. One of the primary differences between the law in these two states is the fact that North Carolina has a comprehensive HOA statute while South Carolina does not. I’ve written more than once about the need for a comprehensive HOA statue in South […]
Forcing removal of security light comes down to waiver and selective enforcement
I had a security spotlight installed 20 years ago on my garage to light my driveway. It was installed for safety reasons. There is nothing in our documents disallowing it and several other homeowners have spotlights also. Can I now be forced to remove it after passing inspections for 20 years? Read the Q&A……………………………..
Dealing With HOA Violations In The Community
Residents benefit a great deal from living in a community that has an HOA. However, residents do have to understand that the improved quality of life in their community does come with a price. Residents are expected to adhere to HOA guidelines while living in the community. When a resident fails to follow HOA regulations, […]
Should Your HOA Install LicensePlate Cameras? (MI)
It is estimated that at least 400,000 neighborhoods throughout the United States have installed automated license plate readers. Automated license plate readers are high-speed cameras that are mounted on street poles, streetlights, entrances, gatehouses or other areas in which automobiles will enter or exit a condominium or subdivision. Automated license plate readers can be an […]
HOA Can Penalize Speeding (FL)
Q: Can a homeowners’ association set speed limits that are below county limits? If so, how can they enforce these regulations? Read the Q&A……………………………
State agency rules against LI couple who let son play outside (NY)
The state Division of Human Rights has ruled against a Long Island family who said they were singled out and threatened by their condo association for letting their 4-year-old son play outside. State Human Rights Director William LaMot determined that South Shore Villas in West Babylon did not discriminate against Robert and Angelica Parker last […]
COMMON HOA RULES HOMEOWNERS ACCIDENTALLY BREAK
We know that rule enforcement is generally a touchy subject for HOA members. It’s the same for the HOA management company. 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 […]
Reston Association Letters Threatening Legal Action Rile Boat Owners (VA)
Local boat owners are protesting Reston Association’s enforcement of boat-related rules after the homeowner’s association sent out a batch of letters threatening legal action earlier this month. While the letters are intended to enforce RA’s boat rules regarding sizes, some boat owners say they’re being unjustly threatened to comply with rules that RA has not […]
Dealing With HOA Violations In The Community
Residents benefit a great deal from living in a community that has an HOA. However, residents do have to understand that the improved quality of life in their community does come with a price. Residents are expected to adhere to HOA guidelines while living in the community. When a resident fails to follow HOA regulations, […]
“Breaking Bad” In Condos Won’t Keep the Peace
In a perfect condominium, all that live on the property abide by the Rules and there is no need to issue violation letters or to verbally remind people of said Rules. We all know perfection does not exist, but perhaps working towards that objective can greatly improve and contribute to the goal of harmonious living […]
Can the Association Lien for Fines? (CA)
Asked – Is there any way to collect a fine other than going to court? Answered – Monetary penalties (i.e., fines) are just one of the many tools in a homeowners association’s (“HOA’s”) arsenal to enforce its governing documents. They are primarily used to deter violations, as well as to compel compliance from a member, […]
Creating a homeowners association violation letter
At some point during the lifespan of a community association, a homeowner will break the rules, whether on purpose or by accident. When this happens, the Board of Directors must help them to understand that they’ve broken the rules and comply with them. Read the article…………………………
Overzealous Board Members: Understanding the Scope of the Board’s Authority to Enforce the Governing Documents
Homeowners associations (“HOAs”) are governed by a group of volunteer members known as a “Board of Directors” (“Board”). Their primary responsibilities include: (1) managing the common areas, (2) managing the HOA’s finances, (3) setting policies to assist in the operation of the HOA, and (4) enforcing those policies along with the HOA’s governing documents. The […]
HOA Tenant Tenets
One of the issues that many HOAs grapple with is renters. Some ban them outright, others limit their number. Most live and let live. Interestingly, the HOA has no direct legal authority over renters, only its homeowners. This disconnect creates some practical problems for the board or Manager in communicating with tenants since there is […]
Can Community Privileges or Services Be Suspended? (NC)
We are often asked what can be done when a homeowner is violating the governing documents. That answer depends on the language of the association’s declaration, and whether or not the association is subject to the North Carolina Planned Community Act or Condominium Act. Quite frequently, the answer results in a discussion on the association’s […]
5 Ways You Can Help Homeowners Follow HOA Rules (NJ)
It is common for homeowner associations (HOAs) to have rules in place for residents to follow. The goals of these HOA rules are typically to encourage a positive community, maintain property values, and create a safe neighborhood. While the intentions are good, some homeowners may overlook their helpful nature. Read the article…………………………..
6 Ways to Encourage HOA Rule Compliance
As a member of a homeowners’ association (HOA), you’re legally required to follow all rules and regulations. At first glance, having rules for a neighborhood or community may seem restrictive; however, there are many benefits to having a robust set of guidelines. Read the article……………………………
How to Handle Troublesome Tenants
A recent tragedy in Las Vegas where an 11-year old girl was shot and killed in her home while eating dinner by suspected gang members raises many questions about a homeowners association’s authority over its residents. Turns out, the shooters targeted the wrong house; they meant to target the one next door. The home was […]
To Tow or Not to Tow?
One of the “hot-button” questions we receive from HOAs is about their authority to tow vehicles that are improperly parked in the subdivision. The primary question that the HOA needs to ask is whether the vehicle they want to tow is parked in a Common Area (parking lot or private street in most cases). If […]
Simply Unenforceable: HOA Covenants and How They Can Go Too Far
Covenants and restrictions form the foundation of a homeowners’ association. By establishing standards for what homeowners must do, and must refrain from doing, they set the tone for the community. Well-planned covenants can protect property values, promote safety and aesthetic appeal, and generally improve a neighborhood’s quality of life. But if they’re ill-conceived, covenants and […]