What can an HOA or condominium association do when activity is occurring within the community that appears to be objectionable, but which is not specifically addressed in the Declaration of Covenants, Conditions, and Restrictions or other association governing documents? The clear answer, if the association wants enforcement power, is to amend the governing documents by […]
The Complete Story of the River Oaks Tank
The tactical withdrawal of Tony Buzbee’s World War II-era Sherman M4A4 tank earlier this month brought the month-long Battle of River Oaks Boulevard to a close. After Buzbee—a trial lawyer, Marine veteran, and proud Aggie alum (and current A&M regent)—parked the fully operational tank on the street in front of his home on Houston’s swankiest […]
Mother May I? Coping with Permissions in Community Associations
Everyone remembers our parents’ favorite retort: “When you’re 18 and on your own, you can do what you want, but when you’re in my house, it’s my rules” or something similar. No matter what we wanted to do as young people, there was always someone who had to give us permission to charge ahead. Many […]
Halloween is upon us
It is officially fall and that means Halloween is right around the corner. Doorsteps will soon be adorned with pumpkins, autumn wreaths, and spooky figures, but what does your HOA actually allow? Since some people get really excited for the holidays, it’s important to establish rules around Halloween decorations and communicate them with plenty of […]
The Fine Art of Making Fines Stick (NY)
Most condominium bylaws give boards the power to impose fines on unit-owners who break the house rules. However, a condo board’s power to levy fines is limited, and the courts cannot be relied on to enforce the collection of fines. There’s a fine art to making condo fines stick. Read the article…………..
Three Tips to Help You Crack Down on Unenforced Rules
If you are the new manager of an HOA or a new leader in the board, it may have come to your attention that certain rules have been passed over or relaxed, lulling residents into a sense of complacency. HOAs are notorious for not enforcing the rules that residents agree to when becoming a member […]
HOA Restriction Enforcement and Architectural Control for Boards
Your HOA has several restrictions set in place for the benefit of all of the residents within the neighborhood. This can include everything from the colors that houses in the community association can be painted to the types of structures that can be added to each property. While you want to be reasonable in your […]
Rule Skirting and How to Avoid it in Your HOA
Let’s be honest – every HOA struggles with residents who skirt the rules. Sometimes it’s a one-time thing, and other times it’s chronic. No matter what rules are being broken, every HOA needs to address the issues without coming across like “that” HOA who enforces a rule so absurd it receives national attention. Since no […]
Procedure Matters (WA)
One piece of advice we often give our community association boards is that the procedure used by an association to take any given action is often more susceptible to challenge than the action itself. In other words, how you do things is often easier to attack – successfully – than the actual action taken by […]
Drafting and Enforcing Parking Restrictions
Despite the going green initiatives and increased use of public transit, ownership and use of automobiles remains a necessity for most. Our need for automobiles translates to parking problems in many communities with limited parking availability. To help alleviate their parking problems, many of these communities have adopted parking restrictions and regulations. Read the article……………….
HOA Liability for Discriminatory Harassment: A Primer
Title VIII of the Civil Rights of 1968, also known as the Fair Housing Act (“FHA”), is a federal law which prohibits discrimination in housing and housing-related services due to race, color, religion, sex, national origin, disability, and familial status. Because the FHA applies to entities that set terms and conditions for housing and provide […]
Why Enforcing the Rules Must Be a Priority of the HOA Board
One of the most important jobs a homeowners association Board has to do is to enforce the rules of the Association. As a Board member it is part of your duty to make sure all the regulations are followed by homeowners and the Board itself. Failure to do so can lead to chaos and confusion […]
Failure to Enforce Condo Rules – Noise “Lack of rules/enforcement results in more problems than rules some oppose”
Love them or not, condo rules are necessary. Many people share ownership of a condo building. Condo rules exist because not everyone conducts themselves in a manner that gives proper consideration to their neighbours. Lack of rules and weak enforcement results in more problems than rules some may oppose. Noise is likely the most frequent […]
HOA Homefront: What to do when you get a notice for a board hearing
A notice of a disciplinary hearing is not the best kind of mail to open, but in common interest communities that is how associations compel owners to be good neighbors. How one responds to a hearing notice can greatly affect the outcome. Consider the following pointers toward a more productive presentation at the hearing, and […]
Guiding Principles for Enforcement Hearings
Since our enforcement hearing presentation at WSCAI’s Made for Managers Day a couple of weeks ago, we have been getting a lot of feedback on the variety of procedures employed for community association enforcement hearings, generally with the question “is it okay to do it this way?” First, a big thanks to all of you […]
What to Do When an HOA Board Member is Breaking the Rules
The ultimate goal in a homeowners association is for everyone to be respectful and live together peacefully. However, it’s hard to accomplish both of these goals when you have members breaking the rules – especially if it’s a board member. It’s the responsibility of an HOA board to protect, maintain, and enhance the Association through […]
Enforcing Long Unenforced Rules In Your HOA
It may come as little surprise that quite a few homeowner association boards fail miserably in rule enforcement, especially in self managed HOAs. Let’s face it, confrontation with neighbors is not something most people look forward to. So when certain members play fast and loose with the rules, these boards turn a blind eye or […]
Five Tips for Effective Enforcement of HOA Rules
One of the biggest mistakes we see are boards making inconsistent rulings or being very lax with what their CC&Rs say. While it may seem easier to let some things slide, like ignoring people who leave garbage bins in their driveway against HOA rules, your board will lose its effectiveness unless you fairly enforce all […]
3 Tips for Effective Covenant Compliance
It’s a topic of discussion at every Board meeting – who’s following the rules and who isn’t. People choose to live in community associations because they want to preserve their property values, but if the board and management aren’t enforcing rules uniformly, success will be an uphill battle. And on top of this frustration is […]
Above the Law: Why Homeowners Try to Skirt the Rules
You’ve seen it more times than you can count: rebellious homeowners living on the edge (or over the edge) of the HOA rules. While “rebellious” is probably a strong word in most cases, you are faced with a dilemma either way. You have to enforce HOA rules, but you don’t want to seem like the […]
Appeals court reverses summary judgment against homeowner (FL)
Florida’s 2nd District Court of Appeal has reversed a lower court’s decision to grant summary judgment in favor of a homeowners’ association. The appeals court ruling follows a July 2016 decision by the 12th Judicial Circuit Court. The circuit court granted the Southfield Subdivision Maintenance and Property Owners’ Association’s motion for summary judgment against homeowner […]
Selective Enforcement and Violations When Installing Hardwood Floors (FL)
Earlier this year the Third District Court of Appeals narrowed two significant unit owner defenses to enforcement actions, selective enforcement and waiver/ estoppel when it decided Laguna Tropical, a Condominium Association, Inc. v. Barnave, Case No. 3D16–1531 (Fla. 3d DCA January 25, 2017). For more on the doctrine of Selective Enforcement, please review our October […]
The Role of the Covenants Enforcement Officers in a Homeowners Association
The staff or volunteers you see occasionally walking around the community with clipboards or tablets are the homeowners association’s covenants enforcement officers. They’re inspecting the property to ensure that everything is working properly, that conditions are safe, and that nothing is reducing property values or the quality of life in your community. Read the […]
Selective Enforcement: Common Sense Prevails
As often happens when a community association enforces its covenants and rules and regulations against an owner, the owner responds to the association saying, “The house down the street is in violation with the rules and regulations, too! Why aren’t you sending them a demand letter?” When this happens, the owner is invoking the defense […]
Dealing with Difficult Residents
At some point, every community will face conflict and difficult people. When this occurs, remember that patience and communication always prevail. By managing your reactions, listening and asking the right questions, your community and board will come to a resolution. The first way to deal with conflict is to understand the different types of behavior […]
How to deal with a weak homeowners association
Reader Question: Our homeowner’s association has bylaws. The HOA is not proactive in enforcing them and has allowed residents to violate, only addressing the violations if someone files a complaint. This refusal to proactively monitor property conditions puts the complaining homeowner in harm’s way by exposing them to acts of retribution by the offending unit […]
Court Narrows Defenses in Covenant Enforcement Action (FL)
When faced with an enforcement action by a community association, owners often argue the association is selectively enforcing the covenants. Some also argue the association waived its right to enforce because the association knew about the violation for a substantial period of time, but failed to timely enforce against them or other owners. Recently, the […]
Enforcement Without the Force
As an HOA manager, you walk a fine line. You need to enforce the rules, but you don’t want to alienate everyone. You need to stay professional, but your role demands friendliness. While it’s your job to point out when people are skirting the by-laws, you have to do so in a tactful way. […]
You’re Not the Boss of Me!
Laws, community association governing documents and policies are designed to help boards of directors identify their roles and responsibilities. They provide a framework of expectation for community members. And they can be immensely useful in dealing with inappropriate and ill-advised actions. But they are not enough. Read the article………….
Dealing With Difficult People in Your HOA
Dealing with difficult people in any setting can be a real challenge. But in volunteer-based homeowner associations, where there is none of the leverage managers have with employees, there is an entirely new level of difficulty. And, believe it or not, a new level of opportunity. The key is common interest. Where we live means […]
Owner Function: Comply with Documents
As an owner within an association you should read, understand and comply with your governing documents. If you do not understand the documents, ask your neighbors, your board, or your personal attorney. Failure to understand your association’s governing documents (Bylaws, CC&Rs/Declaration, Rules and Regulations, Architectural Guidelines, etc.) is not a defense and should not prevent […]
HOA disciplinary hearings: not a public court process (CA)
Ifeveryone followed the Golden Rule (“do unto others…”), homeowners association disciplinary hearings would be rare. Unfortunately, hearings are a necessary, regular, and unpleasant board responsibility. These hearings are governed by Civil Code 5850 and 5855, which establish a simple system. The process begins with a written notice to the homeowner at least 10 days before […]
The Shakespeare Case and What it Means to Utah HOA’s
On June 22, 2016 the Utah Supreme Court published the Fort Pierce Industrial Park Phases II, III & IV Owners Association v. Shakespeare case, 2016 UT 28. This case established a bright line rule that the Court rejected strict construction of restrictive covenants in favor of applying the rules of construction typically found in contracts. […]
How Well Did You Communicate The HOA Rule?
Every HOA has rules. Every HOA Board has to create rules, and get compliance from community members. Seems easy, right? Usually never. Why? Because communication falls through or falls flat. Hopefully, when HOA rules are written they are not overly intrusive to begin with. But, more importantly they are clearly communicated. When the rule is […]
When Residents Are Disruptive: Tips for Keeping the Peace
Despite living in association, sometimes disputes erupt. Some residents just can’t be reasoned with. They’ll bother the board or other residents in various ways: noise at all hours, smells, maybe even just being a pest. No matter what it is, issues like these need to be dealt with before they become bigger (and more expensive) […]
New FHA Harassment Rule & Policy Recommendation
On October 14, 2016, the US Department of Housing and Urban Development’s (HUD) new rule on quid pro quo and hostile environment housing practices under the Fair Housing Act (FHA) goes into effect. This new rule creates liability for housing providers, including homeowner associations, for failing to take reasonable actions to address these types of […]
Neutrality
Association boards deal with a variety of unit owner behaviors and personalities. Some are positive, some are negative, and some are downright inexplicable. This can lead to both real and perceived bias. Regardless of the behavior or how much the board likes or dislikes an owner or their actions, the Board has an obligation to […]
Are You Observing Constitutional Rights in Disciplinary Hearings?
Boards of directors of community associations (and, unfortunately, even the attorneys advising them) will sometimes mistakenly believe that co-owners are not entitled to certain Constitutional rights of due process with respect to disciplinary hearings. They might warn a co-owner not to bring their attorney to a hearing or not allow an owner to cross-examine witnesses, […]
Homeowners Association/Reasonableness Of Fees/Section 1717: $25,614 Post-Judgment Enforcement Fee Award To HOA Affirmed On Appeal
The attorney for the prevailing homeowners association (HOA) did something very smart in Bryan Ranch Homeowners Assn. v. Lawrence, Case No. A147659 (1st Dist., Div. 1 Sept. 16, 2016) (unpublished), which we will now describe. There, a homeowner and HOA were embroiled in a 14-year conflict involving compliance with HOA’s CC&Rs. The parties reached a […]
The Truth about HOAs: Don’t Blame Governing Documents, Blame Inconsistent Enforcement
MYTH: ENFORCING YOUR COMMUNITY ASSOCIATION’S GOVERNING DOCUMENTS LEADS TO UNHAPPY HOMEOWNERS. Most people believe that enforcing the Rules and Regulations and other restrictions in the Declaration leads to unhappy homeowners. It feels right, because no one likes to get a letter saying “You are in violation of a neighborhood covenant.” However, in my experience I […]
Can an Association Suspend an Owner’s Right to Use Common Facilities? (FL)
Association boards frequently ask what recourse they have against owners who fall behind on paying assessments, or violate other provisions of an association’s governing documents. While most associations’ governing documents provide for the right to fine owners and place a lien on their property, not all boards are aware that they may also suspend owners’ […]
The ‘PS’ of Community Living: Rules Enforcement
Question: We live in a nice community, but every so often someone breaks one of our rules. Sometimes the infraction is minor — such as washing their car on the public street. Other times, the violation is more serious, such as yelling, arguing and even threatening people. The violators may be unit owners or tenants. […]
Summer Time Rules
It is that time of year again in Ohio! The warm weather entices everyone to go outside and enjoy all of summer’s possibilities. With the increased activity on your community association’s property, boards should review their rule booklets to help decrease issues from arising during the summer months. Read the article………….
HOA Board Function: Enforce Governing Documents
Another important function of the association’s board of directors is to enforce governing documents. Unfortunately this function is often viewed with disdain by owners against whom enforcement is being sought. Owners on the receiving end of enforcement proceedings often feel that they are being unfairly singled out. Read the article…………..
New Ruling Strengthens Association’s Ability to Demand Homeowners Maintain Appearance of Their Residence (FL)
For most homeowners association communities, one of the primary functions for the associations in their enforcement of the community’s declaration is ensuring that all of the homeowners are maintaining the exterior appearance of their property. Poorly maintained homes detract from a community’s appeal and diminish its property values, and HOAs are charged with conducting all […]
Are There Exceptions to the Rules in a Homeowners Association?
Associations have rules to preserve the appearance of the community, protect the value of the common property and individual homes, and make the neighborhood more harmonious for all. What you may not know is that in some rare instances, the homeowners association will waive some rules and regulations. Read the article…………
Hoverboards: Addressing Their Risks for Condominium and Homeowner Associations
Two-wheeled personal mobility devices, or hoverboards, were the ubiquitous holiday gift in 2015. Small, new and exciting, these contraptions quickly shot to the top of the wish list for many individuals, even those not technologically savvy. Once the wrapping paper was cleared, however, hoverboards were revealed to present very real risks of danger. Read […]
Courts Say Condo Boards Can’t Levy “Confiscatory” Penalties
The bylaws of many condominiums authorize the board of managers to impose fines for violations of the rules and regulations, and also authorize the collection of late fees for failure to pay the common charges on time. However, recent court cases have set limits on the amount of these fines and late fees, even refusing […]
Are law enforcement vehicles subject to Community Association “commercial vehicle” bans?
One common provision in homeowners association’s and condominium association’s governing documents is a prohibition against the keeping of “commercial vehicles” within the community. Read the article………
Properly Written – and Enforced – House Rules Can Keep Your Building From Becoming a Living Hell
Today’s New York Post carries a story about a unit owner in a luxury Upper East Side condo who has sued his upstairs neighbors for allowing their kids to play floor hockey in the hallway, sometimes as early at 6:30 in the morning Read the article……….