Do you have a Homeowners Association (HOA) in your community? If so, it is likely that most of the members get along well and follow the rules. However, once in a while, you might come across an HOA violation. Every HOA has a set of homeowner association rules and regulations. But what happens when a neighbor decides to act against the rules? Homeowners' associations (HOAs) are responsible for enforcing community rules. These rules ensure that the quality of the neighborhood is maintained. If the rules aren't followed, you must enforce these violations or risk your HOA losing control.
Homeowner associations are your first and last line of defense when it comes to retaining the character of your neighborhood. Without proper home standards and restrictions, you may find your community overtaken by lesser-quality homes, which in turn drives down property values. You won't be able to prevent every problem or fix every deficiency, but there will be times when you will have to enforce your HOA rules and, sometimes, that means confronting a homeowner who is violating them.
Establish a clear set of rules, and make sure members know them.
One of the best ways to do this is by creating a clear set of rules and making sure members know them. Members need to understand how the community operates, so they know what’s expected of them, which will make it easier for you to enforce community rules. Establishing a set of written rules and regulations is essential for any HOA, but it’s also important that members fully understand these rules (and why they are in place). You can use educational sessions or newsletters as well as signs posted throughout the community to help people better understand what is expected of them.
Ensure your association has a solid understanding of the law
It's important that your association understands its rights, duties and responsibilities when it comes to enforcing its covenants, conditions and restrictions (CC&Rs).
Meet with the HOA board
You should also discuss what actions they'll take if residents break the rules. The board needs to communicate clearly with all residents about what's expected from them and what will happen if they don't comply with these expectations.
Hold a hearing
Holding a hearing is one way to enforce community rules and resolve disputes between neighbors. If you have evidence that someone has violated a rule, hold a hearing with the board members and other interested parties. During the hearing, each party will have the opportunity to present their side of the story. Afterward, make sure everyone understands what's going to happen next.
Enforce the rules you have in place, equally
It may seem obvious, but make sure you have clear and enforceable rules before you start handing out fines or sending letters. If your bylaws don't clearly outline what constitutes an offense or how it will be punished (or both), then chances are it won't be enforced properly. Take time during your first meeting as board members to go over each regulation and make sure everyone knows what they mean.
Be courteous to homeowners
Those who violate the rules may not realize what they're doing wrong or why they should stop. As much as possible, be polite and courteous when confronting them about their behavior. Don't yell or be condescending — just explain what they need to do differently in order to comply with the rules.
Send a warning letter
If you suspect your neighbor is violating HOA rules, contact your HOA manager or board and ask for help in resolving the issue. You may also want to send a warning letter informing them of the violation, giving them time to correct it before you take further action.
Never take it personally
If a neighbor violates the HOA rules, don’t take it personally. It could be that the person doesn’t know the rule or they simply forgot. Be professional in all interactions with homeowners. Even if someone has violated a rule, they might still be an important member of your community and need to be treated as such by everyone involved in this process.
Communicate clearly
To ensure that all members understand their responsibilities within the community, have an established process for handling violations when they occur. Make sure that members are aware of this process and how it works. Communicate as clearly as possible with your neighbors if they're violating any community rules and regulations. Some people may not even realize that what they're doing is against the rules, so it's important to keep communication channels open with them throughout the process.
Consider an HOA management company to help enforce rules
If you need help enforcing HOA rules and regulations, consider hiring a professional management company. They're professionals — These companies are experts in the field of HOAs, so they know exactly how to handle violations and enforce community rules without upsetting residents too much. They'll make sure that everyone follows the rules and regulations without making anyone feel like they're being treated unfairly or over-regulated.
Allowing any violation of HOA rules to go unchecked not only invites more violations, but it corrodes neighborly relations. As such, it's important for HOA board members to enforce community rules uniformly. In doing so, you are not only protecting the integrity of the community, but also helping to build a stronger sense of belonging among the members. Every neighborhood and HOA is different, so it's important to read over your community guidelines before you can begin dealing effectively with violations. Most communities enforce these rules and try to keep their neighborhoods livable for all residents.
If you're a homeowner in a community with an HOA, you know that it's not just about the rules and regulations. It's about the sense of community. It's about knowing your neighbors and getting to know them better.