Communities with Homeowners’ Associations (HOA) have documentation that lists HOA rules and regulations. All homeowners, as well as guests and tenants, are expected to follow these rules. While these regulations are necessary, they aren’t always easy to enforce. Covenants, conditions and regulations (or CC & Rs) are often bent or even ignored altogether. While this kind of practice might not seem too serious at first, it can grow into a real issue over time.
Sometimes, for one reason or another, certain typical HOA rules get left behind. People don’t know about them because they haven’t seen the HOA doing anything about them, and they get forgotten. Regardless of the amount of time passed since you enforced a regulation, you can always restart with just a few simple steps:
1. Review. As long as you’re looking into ignored rules, check the HOA documentation for others. You can handle them all at the same time and have your regulation enforcement back in good shape.
2. Communicate. Let homeowners know that enforcement of documented regulations regrettably fell through the cracks. Provide a detailed, clear explanation of the rule and include examples.
3. Respond. Answer any questions anyone may have, particularly if they need to make specific changes to accommodate it.
4. Wait. Allow your homeowners the time to make any adjustments that may be necessary for them to comply with the HOA agreement. Make sure they know the exact date that the rule’s enforcement will restart.
5. Take Action. Be sure to uphold the restarted rule to the same standards as any other.
Consistency is the key. See the steps below for a quick version of HOA rules and regulations enforcement procedure and the penalties it incurs.
The first step to take when a homeowner breaks a regulation is to prepare and send an official letter. It should state the date and a detailed description of the violation. It should also have a detailed description for how to fix the situation. Include a copy of official documentation stating the relevant rule and repercussions for violating it.
If the issue remains unresolved, the next step is to fine the property owner according to the CC & Rs. If the situation continues, a lien may be placed on the property. The next step would be an official court order requiring resolution of the issue. The final and most drastic step is to contact the community’s attorney to begin a foreclosure proceeding on the property.
Look through the HOA Covenants, Conditions and Regulations document for your community. Make sure you haven’t been ignoring any important rules. Visit Ardent Residential online to read more about how you can protect the character and value of your community by enforcing HOA rules and regulations.