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How are community rules enforced?

On Behalf of | Sep 18, 2020 | Real Estate Law |

As a homeowner’s association board member, you have a duty to ensure that the property owners are in compliance with the terms that the HOA sets. When a person purchases a property within the area that’s governed by the HOA, they’re agreeing to abide by the terms. Of course, they must be provided with the rules and other information that they need to ensure compliance.

Each HOA has specific guidelines for handling the enforcement of the rules. In most cases, the violation is discussed by the board. If the board agrees that there was something that needs to be addressed, a notice will be sent to the homeowner. The homeowner must have a chance to respond to the notification.

Some homeowners will simply rectify the violation, which is usually the preferred outcome. When they don’t, they may dispute the problem. This can trigger a longer legal process. In some cases, fines and mediation might be in order. The exact process that violations are handled with should be outlined clearly in the HOA documents so that there isn’t ever any question about what’s going to happen.

One thing that must always stand true with enforcement of HOA rules is that they must be enforced consistently. The board can’t pick on certain homeowners and let others get away without following the rules. When the rules aren’t consistently upheld, there’s room for people to make accusations of discrimination and similar complaints. Working closely with your attorney can help you find out how you can handle these matters without risking legal trouble.