A homeowners association (HOA) has the legal right to enforce certain rules and regulations. These do have to be spelled out in advance in the Covenants, Codes and Restrictions (CC&Rs) that new residents sign. This way, they understand what they are agreeing to when they join the HOA initially.
Every association is unique, but there are many potential rules, such as:
- Regulations about renting or subleasing the home
- Behavior governing activities in common areas
- Rules about maintenance and upkeep
- Regulations regarding aesthetic designs or stylistic changes to homes
- Rules regarding pets
- Responsibilities on the property, such as where to park a vehicle or when to put trash cans by the curb for pickup
It is important that new homeowners read the Covenants, Codes and Restrictions closely, as the HOA can take action if these rules are broken.
What happens when residents violate these regulations?
If a resident violates the regulations, the first step is often simply to notify them and ask them to remedy the issue. It may be an unintentional oversight or something that can be easily fixed without conflict.
If the violations continue, however, monetary penalties are sometimes levied on the homeowner. They may have to pay a daily fee until they rectify the situation. In some cases, the HOA can also take additional steps, such as restricting a resident’s access to common areas and amenities, like a swimming pool or a golf course.
These types of violations and enforcement actions can sometimes lead to disputes with homeowners within the HOA, and it is important for those involved to understand what legal steps to take.
