Homeowner’s associations are in charge of enforcing the rules of the community to maintain its appearance, property values and, of course, peace between all homeowners. But what do you do when someone refuses to comply?
A single warning does the trick for homeowners who genuinely make unintentional violations. However, what about a neighbor that intentionally chooses to defy the rules? Here are some steps you can take.
Start a polite and respectful conversation
Open communication is the first step to addressing noncompliance. If they do not respond well to the first notice, try approaching the homeowner politely. Explain the problem at hand, why they should correct the violation and potential solutions.
If that does not work, provide a written notice including information about the violation, the required corrective actions and a timeline for compliance. If the neighbor still refuses to comply, consider giving them a formal notice with the potential fines for continued noncompliance.
Hold a meeting with the homeowner and other HOA members
Offer to meet the homeowner with other members of the HOA. This can provide an opportunity for the homeowner to explain their reasons for not following the rules.
Perhaps they disagree with the rules for legitimate reasons, such as religious beliefs or cultural customs. Or maybe they cannot afford the corrective actions needed. Whatever the case may be, having the chance to speak to the HOA directly may help you find other possible solutions.
Impose fines and penalties
If the homeowner remains noncompliant, you may have to impose fines according to the HOA governing documents. It is crucial that these fines are reasonable and clearly communicated to avoid potential disputes down the road.
When legal action may be necessary
Taking legal action is often a last resort for noncompliance issues in an HOA. However, it may be necessary if the violations persist and they are starting to affect other residents. Some common examples include:
- Unauthorized alternations to their property
- Consistent failure to pay HOA dues
- Zoning or covenant violations, e.g., running a commercial business in the area
- Severe nuisance complaints from other residents
- Safety hazards
When dealing with violations, the HOA should carefully record all communications and efforts to fix the problem. It’s important to be cautious about taking legal action, as it can increase tensions and costs.
An experienced HOA attorney can offer helpful advice to address the issue and prevent future problems, keeping the community peaceful and stable.