An HOA, or homeowners association, is an organization or entity in a residential community that creates and enforces rules for the properties within. Every HOA has rules and expectations for homeowners, generally enforced by the Board of Directors. But what happens when 
someone violates the rules? Today, we’re reviewing some of the most common HOA violations, how to handle them, and tips for enforcing rules and regulations.
Contents of This Article:
- What Are HOA Violations?
- Most Common HOA Violations
- Who Handles HOA Violations?
- How to Enforce HOA Rules and Regulations
- Manage Your HOA With Ease
What Are HOA Violations?
The whole purpose of an HOA is to set, monitor, and enforce rules for the properties within the community. So, when a person buys a property within an HOA community, they commit to following the rules.
These rules are typically known as covenants, conditions, and restrictions (CC&Rs), and they define what residents can and cannot do with their properties. As such, when a homeowner does something that goes against the rules and regulations of the HOA, it’s considered a violation.
When someone violates HOA rules, the Board of Directors or a Philadelphia HOA manager issues a notice with information regarding the violation and how the homeowner should proceed.
7 Most Common HOA Violations
Some HOA rules are very specific and, sometimes, easy to violate. As such, while some violations are deliberate, some may be accidental. Whether intentional or not, here are some of the most common HOA violations.
Landscaping or Fencing
HOAs are responsible for keeping the neighborhood looking neat and orderly. As such, there are usually rules about overgrown lawns, weeds, and unkempt porches or patios. Additionally, there may be rules restricting the types of plants and trees homeowners can plant or limiting the areas where they may grow.
Additionally, an HOA may restrict the type or color of fence residents can put around their property. This is also to maintain the neighborhood’s aesthetics and overall appeal.
Noise Complaints
Most HOAs have rules regarding loud noises during certain hours. While they can’t restrict what noises can or cannot be heard, they may have rules regarding noise levels at certain times of the day or night. Usually, these correspond with the noise ordinances the city or county sets.
Garbage Placement
Homeowners can get in trouble for throwing away certain items in community dumpsters. For instance, dumping furniture or large boxes may be against the rules. Additionally, HOA boards typically define where residents can keep their personal garbage bins, which are picked up weekly. Usually, they request that homeowners put them away when not in use and not stored in plain view in front of the house.
Vehicles and Parking
Many HOAs restrict the types of vehicles that residents can keep on their property. For instance, they may not allow campers, boats, or commercial vehicles to be parked on the premises. Additionally, they usually have rules about overnight parking on the street or other areas in the community.
Restricted Outdoor Equipment or Decor
An HOA may restrict the equipment residents keep in front of their houses. For instance, they may prohibit bikes, gardening equipment, or storage facilities from being seen in plain sight. Homeowners can still have these items, but HOAs may request that they be stored behind a fence or out of view.
Holiday Decor Rules
Some people really love their holiday decor. However, HOAs may restrict when homeowners can set up holiday decor and enforce rules on when they must take it down. Some might even regulate the type and size of holiday decor allowed.
Rules Regarding Pets
Most people love and adore their pets. However, some people absolutely despise their neighbor’s barking dog at 1 a.m. This is why some HOAs have rules regarding pets so that everyone in the neighborhood can coexist happily. These rules may include setting up areas where dogs can and cannot walk, areas where leashes are mandatory, and even limiting the number or breed of pets allowed in homes.
Who Handles HOA Violations?
Every HOA has a Board of Directors responsible for overseeing the community and ensuring residents comply with the CC&Rs. The board usually handles HOA violations, whether they take care of them directly or delegate these tasks to a property management company.
Generally, the Board of Directors is the primary authority when enforcing rules. They are usually tasked with reviewing and addressing violations, deciding appropriate actions, and ensuring procedures are followed fairly and consistently.
On the other hand, if the HOA employs a property management company, they’ll enforce HOA rules and regulations. After all, management companies act on behalf of the board but follow the board’s directives and community rules. As such, the company may conduct inspections, handle violation notices, and manage communication between the board and homeowners.
How to Enforce HOA Rules and Regulations
Not all HOA violations are the same, and how they are handled may differ depending on the situation. However, board members or HOA managers should know what to do when someone violates an HOA rule. Here are some of the steps they should take.
- Double-Check the Rules- First, when someone violates a rule, the board should review the CC&Rs to see exactly which rule was violated.
- Give a Warning- Sometimes, HOA violations are honest mistakes. So, the board or management company should first issue a warning that includes the details of the violation.
- Impose a Fine- If the homeowner continues to break the rules, the board may start imposing small (or large, depending on the violation) fines. Usually, this deters further violations.
- Suspend Rights or Privileges- If the fines don’t work and a homeowner continuously breaks the rules, the board may have to suspend their rights or privileges. Most HOAs give residents access to amenities like pools, parks, or shared areas. However, these can be taken away.
- Adopt an Enforcement Policy- Enforcing rules can be challenging, but having a standard procedure helps simplify the process. The CC&Rs should outline the steps for handling violations. If they don’t, it’s time to establish guidelines that ensure fairness and legal compliance.
Manage Your HOA With Ease
Whether you’re a board member, a homeowner, or a management company, it’s important to be aware of common HOA violations. After all, if you live in the community, you’ll want to ensure you don’t break any of the rules and regulations. If you’re a board member or manager, you’ll want to know how to proceed if someone does break the rules.
Need help managing your HOA community? Contact Bay Property Management Group today. We do it all, from planning meetings, creating budgets, and enforcing rules. So, learn more about how our team of seasoned real estate professionals can help your HOA succeed.
