Posts in Enforcement
Simply Unenforceable: HOA Covenants and How They Can Go Too Far
Simply Unenforceable: HOA Covenants and How They Can Go Too Far

Notwithstanding the presumption of enforceability, there are plenty of reasons why an individual covenant or restriction might be unenforceable. The reasons most commonly cited by courts are: Procedurally flawed enactment; substantive invalidity; violation of rights of homeowners, or inconsistent, arbitrary, or capricious enforcement. Any one of these flaws can render a covenant effectively void. One flawed covenant won’t necessarily invalidate the rest of a community’s declaration—and sometimes courts will interpret a questionable covenant in a manner that permits enforcement—but, for the most part, a covenant that fails any of these criteria will be unenforceable.

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EnforcementChristopher R. Moore, Esq.Discrimination, Flags, FHA
A Guide to Understanding Encroachment in HOA Communities
A Guide to Understanding Encroachment in HOA Communities

One of the issues faced by homeowners living in communities governed by homeowners’ associations is the issue of when either the association itself or another homeowner encroaches on the homeowner’s property.  This article is designed to give basic information to homeowners living in these private communities concerning how issues of encroachment affect their use and enjoyment of their property. One thing is imminently clear about case law involving encroachments in HOA communities – this is that disputes of this nature spin out of control and take on a life of their own which can be long, drawn out and expensive for all involved. 

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EnforcementLynn M. Smith, Esq.Encroachment
How To Properly Handle HOA Violation Notices
How To Properly Handle HOA Violation Notices

One of the battles that homeowners living in an HOA community face is how to properly handle situations when the homeowner receives a notice of violation from the homeowners’ association.  Understanding what the association’s board must do to provide proper notice of a violation is key. In general, a concept of due process, meaning notice and an opportunity to be heard would apply to rules violation processes involving homeowner’s associations.  This article is designed to walk members of a homeowners’ association through the processes involved in rules violations. 

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EnforcementLynn M. Smith, Esq.HOA Violation letter, Violation Notice, Due Process, Duties of Directors
Facts About Selective Enforcement By an HOA
Facts About Selective Enforcement By an HOA

As a member of a Homeowners’ Association, you probably already know that your community’s governing documents include covenants, rules, and restrictions about how you can (and cannot) use your property. If you break these rules, the association may fine you or force you to comply. If you find yourself at the receiving end of an HOA punishment, you’ll need to know what your rights are.  This article will help you understand “selective enforcement” and how it applies to your homeowners’ association and the rules you have to follow.

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EnforcementTamra Ferguson, Esq.Selective Enforcement, HOA Violation, HOA Rules, Discrimination
3 Fundamental Steps A Board Takes To Enforce HOA Rules
3 Fundamental Steps A Board Takes To Enforce HOA Rules

For homeowners living in homeowners' association communities, one of the questions often asked is what happens when HOA rules are ignored? How do homeowners' associations enforce them?  Can a homeowners' association fine owners?  How can members of the community respond to violation notices of HOA Rules? These are all issues that individuals who reside in communities governed by homeowners' associations and those who are considering purchasing properties in such communities need to carefully consider.

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EnforcementLynn M. Smith, Esq.Fines, Self-Help, Utility Shut-off, Lawsuit, Complaint, HOA Rules
Is Your HOA Following the Law with its Enforcement Measures and Fine Policy?
Is Your HOA Following the Law with its Enforcement Measures and Fine Policy?

The enforcement mechanisms of a homeowners’ association may seem a bit arcane and obtuse, but they are important to understanding if either you or a fellow member is accused by the board of violating the rules. There are very specific duties, obligations, and procedures that the board of directors must follow. We will provide the full explanation you need to understand how and why your board of directors is permitted to assess a fine by addressing why associations are granted the power to enforce Bylaws, the necessary procedure to assess a penalty to enforce the rules, and what is considered a “reasonable” fine under the law.

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EnforcementBrian K. Berman, Esq.Due Process, HOA Violation, HOA Fines
HOA Violations: The Homeowner's Right to a Fair Due Process
HOA Violations: The Homeowner's Right to a Fair Due Process

All condominium, cooperative, and homeowner associations ("Association") are subject to basic rules of due process under the law. Although the Association has a fiduciary duty to enact and enforce rules to promote health, happiness, and peace of mind of owners, the Association through its body of authority, must act in good faith and offer owners fair procedures... 

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EnforcementTammy Y. HayesDue Process, Notice & Hearing Requirements, Fines