Communities with homeowners’ associations can offer several advantages that other communities don’t. One such advantage is the existence and enforcement of rules.
HOA rules help maintain the aesthetic appeal and overall quality of the neighborhood. They also uphold consistent community standards, ensuring everyone can enjoy a certain standard of living in the neighborhood.
But while these rules exist for many reasons, it is not uncommon for some homeowners to disobey. In such cases, what can HOAs do?
Send a written notice
When someone goes against the rules, most HOAs start by sending a formal written notice to the homeowner. This document clearly outlines the specific rule violation and provides a deadline for correcting the issue.
Sending a notice is a crucial step as it establishes a paper trail. Moreover, it gives the homeowner a chance to fix the situation without further action. Sometimes, homeowners simply forget about certain rules, and a written reminder can resolve the problem quickly.
Impose fines
If the homeowner fails to comply within the given timeframe, the HOA may impose fines. The amount and frequency of fines are usually specified in the HOA’s bylaws or Covenants, Conditions and Restrictions (CC&Rs).
However, it’s important to note that HOAs must follow Connecticut laws regarding the imposition of fines. State laws often require giving homeowners proper notice and an opportunity to be heard before fining.
Remove privileges
The HOA might restrict the homeowner’s access to common areas or communities as a penalty for rule violations. This could include revoking:
- Pool passes
- Gym access
- Clubhouse access
- Reservation privileges
The goal is to motivate compliance by withholding benefits that come with HOA membership. Nevertheless, the HOA must ensure that the governing documents allow this action.
Hold a mediation or hearing
Many HOAs have a formal process for dispute resolution. This often involves a hearing where the homeowner can present their side of the story or contest the alleged violation.
Some associations also offer mediation services to help reach a mutually agreeable solution.
Take legal action
Filing a claim or lawsuit is not very common for HOA disputes, but it can sometimes be necessary. For serious or persistent violations, the HOA may pursue legal action by filing a lawsuit or seeking a court order to compel the homeowner to follow the rules.
Enforcing the rules can be the most challenging part of running an HOA. When disputes arise, HOAs should take the proper steps to get the homeowner to comply. For more serious violations, legal guidance from an HOA attorney may be necessary.