In theory, condominium associations and homeowners associations (HOAs) help protect everyone in the community. By establishing and enforcing certain property guidelines, HOAs and similar entities help preserve property values. They protect people from scenarios in which a neighbor’s behavior could negatively affect their property value.
Typically, HOAs and similar organizations establish a variety of rules. They may require regular lawn maintenance or prohibit the planting of vegetables and certain types of plants in the front yard of a property. They may limit the color of siding, doors and roofing applied to homes. They may even limit social activities such as parties by enacting community noise curfews.
How do HOAs enforce such rules when property owners violate them?
With written warnings
Some communities offer a degree of grace before taking adverse action against property owners. They may notify a homeowner that their practice of leaving their trash bin on the curb for three days is a violation before taking additional enforcement actions.
Homeowners may receive formal written notice from the HOA or may have an uncomfortable conversation with someone who serves on the board. If they do not remedy the situation quickly, additional enforcement actions may be possible.
With fines and fees
HOAs typically have rules that allow them to assess fines or fees for specific infractions. Those penalties are in addition to the monthly dues paid to the organization.
In some cases, there may be a daily fine assessed for as long as the property remains out of compliance. Other times, the HOA may impose a fee when it corrects an issue, possibly by sending a lawn care crew to mow at a property.
With restricted privileges
In scenarios where rule violations have to do with the misuse of shared amenities, the HOA may notify a resident about the restriction of certain privileges until they correct their behavior. Other times, when infractions lead to fines or fees, non-payment of those penalty amounts might lead to the HOA revoking access to the pool or gym maintained for all residents.
In extreme cases, the organizations governing condominiums and HOA communities can potentially foreclose on property owners who fall behind on their financial obligations. The refusal to pay fines can put an owner’s right to live in the community at risk.
Understanding the types of enforcement commonly used by HOAs can be beneficial for those living in HOA communities or condos and those serving on HOA boards. Rule violations can quickly become expensive and may endanger a homeowner’s ability to continue residing in the community.