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Tips for enforcing HOA deed restriction violations

Many people in the Houston area live in communities that have a Homeowners Association (HOA). A homeowner’s association is an organization in a subdivision, planned community or condominium building that makes rules for all residents and their property in that area. HOA communities typically have a defined aesthetic and code of conduct for their residents in order to keep their community safe and looking nice. However not every resident follows the HOA code and when there are deed restriction violations it can be hard to enforce them. The following are tips on how to enforce a deed restriction violation.

Make compliance a positive thing

An HOA should make compliance to the rules feel as a positive thing homeowners want to do. If an HOA shows proof of real estate values, the uniqueness of the community compared to others around it and showing that the time and money spent enforcing deed restrictions could be better spent elsewhere are positive ways to have homeowners comply with the restrictions.

Address violations as soon as possible

When a violation occurs, board members or the manager should address the violation promptly. Letting a violation persist could give the appearance of favoritism towards that property owner.

Be polite and friendly

A homeowner will probably not be thrilled at being scolded for their deed restriction. An HOA should use a friendly approach with property owners and send a polite letter. This can reduce the need for legal action.

Warn a property owner of the potential of legal action

If a homeowner refuses to bring their property into compliance, a stronger message warning them that legal action may be next can help. Seeking legal action may be necessary in certain circumstances.