Moving to a development governed by a homeowners’ association (HOA) invokes thoughts of pristine, manicured yards and well-maintained homes, but those benefits require all homeowners to follow the community’s rules. The failure to comply with an HOA’s covenants, restriction, and rules can lead to penalties, fines, liens, and even costly lawsuits.

 

What is an HOA?

An HOA is governed by covenants and restrictions imposed upon each lot within the community for the benefit and operation of the community’s homeowners. The benefits of HOAs include uniform common area maintenance, restrictions governing the maintenance, appearance, and modification of homes and lots; and, many times, amenities such as clubhouses, gyms, and community pools.  Of course, these benefits come at a cost, which are typically paid in monthly or quarterly fees to cover the shared common area expenses. 

Types of HOA Violations That Can Cost You

While HOA rules can vary greatly in terms of scope, some of the most common restrictions—and ultimately the most common violations—include the following: 

Maintenance – Exterior maintenance, including painting, cleaning of roofs, yard and landscaping upkeep, pressure washing driveways, tree-trimming, and preclusion of certain lawn ornaments are very common restrictions. 

Vehicles – HOA rules commonly include rules addressing parking and vehicles.  These rules may preclude street parking, limit the number of vehicles parked in driveways, and prohibit parking and storing RVs, campers, motorcycles, boats, or commercial vehicles. 

Rentals – Some communities do not permit owners to lease or sublet their homes.  Where rentals are permitted, it is common for an HOA to prohibit short-term rentals, such as Airbnb, and set minimum rental durations, i.e., a one-year minimum rental period and limit the number of rentals that may occur within a year.  

Trash – HOA rules are often very strict regarding trash disposal, storage of trash cans, and trash pickup procedures. There may be rules about when you can put your trash out and require when trash bins must be removed from the curb. 

Pets – Pets are commonly restricted and may, in some instances, be completely prohibited within a community.  Where pets are allowed, there are typically restrictions regarding the number of pets that may be maintained, weight limits of the pets, and prohibitions against non-domesticated animals, livestock, and dog breeds that may be considered dangerous.  In addition, HOA rules will typically prohibit and permit the HOA to demand the removal of any animals that create a nuisance through excessive noise and barking, or through engaging in dangerous behaviors towards residents. 

Outside Storage – To keep a uniform look within the community, many HOAs limit items that may be stored outside of the home, and restrict such storage to garages or backyards. 

Noise – Living in close proximity to neighbors presents issues of noise disturbances and, hence, most HOAs have rules restricting noise. It is common for HOAs to establish “quiet” times where, for example, no excessive noise is permitted before 8:00 a.m. or after 10:00 p.m.  Specific quiet hour times can vary by community.

 ExteriorAlterations – To maintain the uniformity and existing look of the community, most HOAs require the approval of any exterior modifications, which commonly include, changing paint colors, building an addition, installing a fence, installing a pool, modifying the existing landscaping plan, or building a storage shed.  Many HOAs have established specifications for proposed alterations.  For example, many HOAs set height and material restrictions for fences and will not approve a fence that does not meet the specifications.  It is especially important to follow an HOAs exterior alteration guidelines and requirements to avoid potentially being required to remove unapproved alterations and restore your property to its original intended condition. 

Holiday Decorations – HOAs commonly set time periods and limitations on when holiday decorations may be put up and when they must be removed.  

 

Ramifications for HOA Violations

When an owner violates the covenants, restrictions, or rules of an HOA, he or she will be subject to remedies provided by the HOA’s governing documents and other legal remedies available to the Association.  The most common remedies for violations include the following: 

• Warnings – Typically, the first step to occur when a violation occurs is the HOA issuing a warning letter and/or notice of violation providing the owner with an opportunity to cure the violation(s) without the need for further action.  When owners ignore warning and violation letters or fail to cure violations, HOAs will typically escalate the matter to compel compliance. 
• Fines – HOAs may levy fines for violations.  Any such fines must meet the requisite statutory fining procedure and cannot exceed limitations on fining as proscribed by applicable law.  The purpose of a fine is to incentivize compliance with the HOA’s rules and promote the curing of the violation(s).
• Suspension of Use Rights – Following the procedures required by the HOA’s governing documents and applicable law, the Association may move to suspend an owner’s right to use amenities for a period of time.  Again, the point here is to compel compliance with the HOA’s rules.
• Charges to Cure Violations – If permitted by an HOA’s governing documents, the HOA may undertake the efforts and costs of remedying violations and charging the costs back to the owner.  For example, if an owner fails to cut his or her lawn and maintain the landscaping, the HOA may retain a landscaper to undertake the work and charge the invoiced work to the owner.  In some cases, an HOA’s governing documents will permit the HOA to impose costs incurred by the HOA to cure violations as lien against the property and to foreclose upon the lien in the same manner as assessments.  This could pose a huge ramification for a violation owner as he or she could become subject to a foreclosure action. 
• Lawsuits – For habitual or ongoing rule violations, HOAs may choose to pursue a lawsuit against the violating owner to compel compliance with the restrictions and rules.  Legal actions commonly include seeking injunctive relief to compel the owner to take a particular action, i.e., removal of an unapproved alteration or undertaking maintenance to property.  A lawsuit can also result in an award of prevailing party attorneys’ fees and costs to the HOA, which means that the violating owner will not only be ordered to comply with the HOA rules and restrictions and cure any violations, he or she may also be ordered by the court to reimburse the legal fees incurred by the HOA for having to bring the lawsuit to compel compliance. 

It is essential to understand your obligations as a homeowner within an HOA and to timely address any violation notices and demands issued by your HOA quickly and efficiently. If you are facing an HOA violation or demand and need assistance addressing your HOA, or if you are an HOA seeking to properly enforce your community’s covenants, restrictions, and rules against violating owners, contact Haber Law today.