Similarly, most communities have rules around when trash bins can be put outside, and when you have to bring them back inside after trash day. Part of these rules can include paint colors for trim, fence height, and even how many political signs you can display leading up to an election. In that case, the homeowner had to pay for additional moving time in the loading bay as well as a fine from the HOA for violating its policies.
Usually, a second or third letter will be sent to escalate the situation and warn the homeowner of the fine being incurred. They can grow exponentially higher when some associations opt to increase the fine for every calendar day the violation is unresolved. A hearing with the board of directors is usually a meeting where the homeowner explains the reason behind the violation, and the board of directors has an opportunity to vote to take a certain action to help resolve the issue.
For example, a board of directors can choose to close an open violation regarding drainage water if the homeowner can prove the water draining is not coming from their home. Make sure you understand the violation and which rules were broken. Odds are good that your board members are also your neighbors, and they are working as volunteers. Setting a respectful tone helps you be heard.
Make sure you keep written notes of your meeting, and if necessary, follow up in writing. A paper trail is helpful if the issue is not resolved, or if things need to escalate. While you might disagree with how the rule was written, the HOA is simply enforcing what was outlined in the documents. While you go through the steps of scheduling a hearing and waiting for a decision, other penalties might accrue, which would mean you have even more problems to resolve.
Sometimes the violation can be resolved with a direct action from the HOA. For example, the HOA could decide to have a front yard mowed to immediately resolve an unsightly front yard violation. In Colorado, that step would never happen without having a consultation with an attorney , Baker explains.
Most associations will be very wary of accidentally trespassing on private property. In some instances, the HOA can revoke privileges — restricting or suspending access to amenities, stopping any community news and updates to the violator, or preventing access to certain community-paid services such as trash pickup for homeowners who consistently dump more garbage than the contract allows. In other instances, the HOA will continue assessing fines until the account is assigned to a collection agency for payment; at this point, the violation becomes detrimental to the homeowner by affecting their credit rating.
Perhaps surprisingly, HOAs are not very interested in going to court. Most associations will try to resolve problems amicably and ask a homeowner to sit in for arbitration in order to resolve disputes. You will get to know your neighbors and their problems, but it can also be very satisfying to spend time making your community better for everyone.
They can not only file a lawsuit for judicial foreclosure to recover for unpaid fees and assessments, but they can sue a homeowner who violates the rules. Yet sometimes enforcing the rules can lead to conflict. When it comes to real estate conflicts, questions or concerns, our clients benefit from our experience. For nearly 20 years we have dedicated ourselves to only one thing: protecting your property rights.
If you need help with your real estate matter, call us. To schedule your free phone consultation , call us at: Or you can e-mail us with inquiries at: lawofficesofmarkweinstein gmail.
If you break the homeowners' association rules, you might have to deal with fines, liens, and various other consequences. State Law Requirements Affecting HOA Enforcement Even if the development's documents do not require prior notice of a fine or lawsuit, depending on where you live, state law might require the HOA to give notice to an owner prior to filing a lawsuit. Help for an Owner Accused of a Violation If you break a rule and end up in a dispute with the HOA, do you have any grounds upon which to argue?
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