Homeowners' associations (HOAs) serve a vital role in residential communities, ensuring that standards and bylaws are upheld for the collective good. One of the tools that HOAs leverage to maintain order and adherence to rules is the suspension of certain rights or privileges, like voting rights or access to common areas. This approach allows the HOA to penalize non-compliant homeowners or renters.

However, there is a legal structure to such suspensions. In the majority of states, the authorization for HOAs to impose such suspensions isn't a blanket permission. Instead, the power to suspend must be clearly mentioned and granted within the community’s foundational documents, known as the declaration. For instance, specific statutes, such as O.C.G.A. §44-3-223 and Tex. Prop. Code § 209.006 highlights the potential for such suspensions, explicitly allowing the suspension of privileges related to common areas.

Even when an HOA is granted such powers, it's important to understand that they often come with specific restrictions. State laws often impose limitations to protect homeowners' fundamental rights. For instance, no matter the infraction, an HOA cannot prevent a homeowner from accessing their own property or essential utilities. Furthermore, in the spirit of fair governance, associations are usually required to send a written notice to the non-compliant party, explaining the potential consequences. This notice isn't merely a heads-up; it must also grant the homeowner an opportunity to present their side, ensuring a fair hearing before any suspension is enforced.

Such mechanisms are in place to strike a balance, ensuring that while HOAs maintain a harmonious and standardized community environment, individual rights are not trampled upon in the process.

 

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Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

HOA Fees: What Happens When Members Fail to Pay?

HOA fees are the costs assessed to all property owners for items such as lawn care, snow removal, utilities, property maintenance, common area maintenance, security and similar items.  Some of the more expensive common area maintenance items can include swimming pools and equipment that is located in a community building.  The amount and type of items that are included in HOA fees will vary depending on the nature of the property, its location, and how extensive the services are that are provided within the context of the community. 

The Service Member’s Civil Relief Act (SCRA) Applies to Homeowners' Associations

Given the sacrifices of our men and women in uniform, it is only right that the Congress passed a law in 2003 to assist military members with collections and foreclosure issues. Under the Servicemembers Civil Relief Act (SCRA), all creditors have limitations on debt collections against active duty military members. These limitations include the temporary suspension of judicial and administrative proceedings and transactions that may affect the civil rights of military members during their service. This article will examine in detail the protections afforded by the law to military members who own properties within homeowners' associations.  

Important Facts About HOA Liens & Foreclosures You Should Know

The right to record liens, and to foreclose on unpaid liens, is perhaps the most powerful tool homeowners’ associations have to enforce assessment obligations.  State HOA laws are designed to allow associations to recover unpaid fees without undue effort and expense while protecting homeowners from overly aggressive associations by requiring strict compliance with statutory procedures and ample notice to homeowners. 

Understand The Law That Protects Owners From Abusive HOA Debt Collection Practices

In 1977, Congress passed the federal Fair Debt Collection Practices Act (the “FDCPA” or “Act”) to prevent abusive, deceptive, and unfair debt collection practices by debt collectors. The act prohibits debt collectors from harassing consumers or using deceptive conduct when attempting to collect a debt. Homeowners or condominium maintenance assessments are subject to the FDCPA, therefore, the association’s debt collectors must follow the law when attempting to collect past due fees from homeowners.