What Are HOA Violations & How to Avoid Them
Becoming a member of a homeowners' association (HOA) has many advantages, including increased home values and better amenities. However, the extra perks don't come without a price. Members of the association are expected to upkeep their homes and abide by specific rules and guidelines. When a homeowner fails to live up to these expectations, they’ll receive an HOA violation from their board. If you have recently received a violation of your own, then we can help. Keep reading to discover what these violations mean, how to handle HOA violations, and ways to avoid them moving forward.
What Is an HOA Violation?
Every association will have a set of governing documents, which includes CC&Rs, Bylaws, Articles of Incorporation, and other rules and regulations made by the community. When a member of the association breaks one of the rules then they may receive an HOA violation notice from the HOA board. Typically, a violation from your HOA will include details about the offense, how to correct it, and any other information about potential fees, fines, and a deadline to respond or fix the issue.
Exactly how your association sends violations may vary depending on your governing documents and any applicable city, county, or state laws. Some states have strict guidelines for how to handle HOA violations, including how homeowners will be notified and a process for resolving them.
List of Common HOA Violations
HOA rules can vary. Even if you live in a similar community type such as a condo, townhome, or single-family home community, there is no guarantee HOA violations will be handled the same from one neighborhood or building to another. However, some violations seem to occur more often than others. Here's a list of HOA violations that are common:
- Overgrown landscaping
- Improperly parked vehicles
- Trash containers in the wrong area
- Off-season holiday decorations
- Pet violation (e.g., excessive dog barking)
- Unapproved architectural changes
- Smoking in smoke-free areas
- Illegal rentals
People often receive an HOA violation for noise complaints. Here's how to handle HOA noise complaints.
HOA Violation FAQs
For many living in a managed community, receiving an HOA violation is a rare occurrence. When an association member does receive one, they often have a lot of questions, including how to respond to an HOA violation letter and what are their rights as a homeowner. We've gathered some of the most frequently asked questions below and answered them for you.
How do I know if I received a violation?
Your association should have specific guidelines on how a homeowner should be notified when receiving a violation. Likewise, your state may give even more guidance on the notification process. Typically, you’ll receive a violation as a written notice through certified mail. Other violation notices could come from a phone call, email, or even a notification on a community website or app.
Why did I get a violation, and my neighbor did not?
Your association is required to act in a way that is reasonable and non-discriminatory, including how they enforce rules and regulations. If there are multiple people in an association violating a policy, then it should be applied the same regardless of the offender. However, it’s important not to jump to any conclusions. Take the time to speak with your HOA board if you have concerns about unfair enforcement—it may be a simple misunderstanding. If not, then you may be able to argue that point later when your violation is reviewed.
Believe it or not, encouraging HOA residents to follow HOA rules may be easier than you think. Check out our smart strategies to encourage voluntary rule compliance.
What should I do when I receive a violation?
Ideally, you’ll receive a written HOA violation notice of any violations along with any applicable information for the next steps. Typically, with a first-time offense, you’ll simply need to correct the issue within an allotted amount of time, and that’ll be the end of it. For others, you may need to attend a hearing, pay a fine, or take further action to fix the problem.
Is there a way to appeal my violation from my HOA?
If you believe you’ve received a violation by mistake, then your association should have a hearing process in place. At a violation hearing, you’ll have the option to present your argument and evidence to the HOA board to overturn your violation. Following the hearing, your board will render their decision. If you’re unhappy with the outcome of your hearing, there may be additional steps you can take to appeal, depending on your community's bylaws and state laws.
3 Ways to Avoid HOA Violations
When it comes to HOA violations, your best bet is to avoid them altogether. Below are three simple ways to prevent violations and stay in good standing with your community, no matter where you live.
- Read, learn, and follow your HOA's governing documents.
- Stay in the loop about new rules and guidelines by attending all your association's meetings and events.
- Don't forget to communicate. In the end, keeping open lines of communication with your board, neighbors, and other community partners will eliminate most misunderstandings and problems.
How to Write a Homeowner Association Violation Letter
When a homeowner breaks an HOA rule, they'll receive an HOA violation. After the HOA violation is recorded, homeowners will typically receive a homeowner association violation letter. If you want an HOA violation letter template, check out our ebook, "How to Create an HOA Violation Letter," now!