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The Importance Of Enforcing HOA Rules

On Behalf of | Jun 9, 2023 | Real Estate Law

Every day, we abide by laws that help keep everything in order and from falling apart. A homeowners association (HOA) is similar in that it establishes and enforces regulations for the benefit of all residents, helping to ensure the upkeep of shared spaces and promote harmony in the community. However, it is not always easy to enforce HOA regulations.

Before anyone becomes a member of the HOA, they must read and agree to the HOA’s governing documents, which outline the rules and regulations of the community. If not, they may be subject to fines and other penalties.

3 tips on how the HOA can effectively enforce rules

  1. Standardize procedures

If the HOA’s methods for charging violations are inconsistent or if board members demonstrate bias toward some residents, rule compliance may become an issue. HOA board members should be objective when dealing with rulebreakers and apply the same procedures to every violator as stated in the guidelines to avoid legal trouble.

  1. Impose fines

The board may consider charging a fine to a member who refuses to comply with the guidelines. HOA boards in Connecticut can levy reasonable fines for violations only after giving the offender a chance to appear at a hearing.

Naturally, the procedure for enforcing these fines must correspond to the community guidelines and state laws. For instance, Connecticut maintains that the board must give the offending tenant a written notice containing the details of the violation at least ten days before the hearing.

However, some residents are troublesome and continue to violate rules. In this case, the HOA board may consider revoking the offending resident’s access to community facilities and privileges.

  1. Take legal action

If everything else fails, the HOA may consider taking the rulebreaker to court. This is a last resort and is only taken when the resident refuses to resolve their violation despite receiving numerous warnings or is persistent in breaking the rules.

It is possible that some rule-breakers just do not fully grasp the rule in question or have simply forgotten about it. HOA boards can prevent this by regularly reminding residents of the regulations, whether by putting notices online or around the community. Maintaining a standard procedure is also crucial, as showing any favoritism or bias toward one resident may disrupt order.