The first-offender policy is an effective HOA violation enforcement without making the situation out to be a big ordeal. Some associations implement a policy in which homeowners who receive their first violation can receive a warning. Should the homeowner not show up or an agreement cannot be made during the hearing, the board can consider taking the offender to a small claims court. This should give the homeowner enough notice. When issuing the initial violation, the HOA board can establish a date and time to hold the hearing. The hearing will typically follow after the homeowner has been notified about their violation. This also allows the homeowner to explain their side and why they made the violation. Board members can also ask management for sample HOA warning letters to prevent any issues.Īn association should hold a hearing to establish the legitimacy of the violation. However, having your HOA management handle the violations could prevent any legal backfire should the association not handle the situation properly. In most circumstances, a simple letter outlining the violation, and the consequences for the violation will suffice. So, the HOA violation letter should properly explain everything to the homeowner. Communication is key to HOA violation enforcement the board won’t receive payment unless the homeowner is aware that they need to pay. For instance, a board can start with levying a fine and then progress to suing the owner or placing a lien on the property if the fines continue to go unpaid.Ī board member shouldn’t impose a fine on a homeowner for violating the CC&Rs without first sending an HOA notice of violation. The aforementioned HOA violation enforcement methods range in severity and some take place at different stages of the violation. Place a lien on the homeowner’s property until all debt payments are complete.Charge the homeowner for any additional costs (on top of the original fine) associated with the violation or actions taken by the board–such as those generated by removing the fence or fees for taking legal action.This could be in small claims court to avoid high legal fees or by more severe methods if the violation is especially significant.
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