Every homeowner’s association is unique, depending on its size, location, and homeowners. There will be different rules and different ways of enforcing those rules. Most rules are enforced in order to keep the community safe and orderly while maintaining high property values and a consistent way of life.
We’re looking at some of the ways an HOA may hold their homeowners accountable to the community’s standards and how a Los Angeles property management company can help.
Warnings Can Be Issued before Action is Taken
For many HOAs, rule enforcement starts with a warning. When a homeowner is found to be in violation of a rule, a written warning can be issued that explains the violation and the consequences that will come next if the issue is not resolved. Sometimes, your homeowners don’t realize they’re breaking a rule, and in these cases, the homeowner will correct the problem right away.
Issuing a Fine to Out-of-Compliance Homeowners
Fines are the most common way that HOAs will enforce their rules. Garbage cans that are left outside on the street, for example, might incur a $50 fine. Make sure you understand how and when your association can penalize homeowners. In California, the law requires an HOA to provide members with a schedule of fines and fees in writing in advance. The law also requires that those fines be “reasonable.” The question of what might be reasonable in a particular circumstance will often be a matter of opinion.
An HOA must provide the homeowner with a violation notice before a fine is charged to the HOA member’s account. This is not only a legal due-process requirement; it also gives homeowners the opportunity to correct a violation before being fined.
Your association may have a fee structure that varies when there’s a repeat or habitual violator of the rules and regulations.
Additional HOA Rule Enforcement
Check your association’s governing documents to determine what other penalties may be authorized to bring a homeowner into compliance. You may be able to suspend a member’s voting rights until the violation is remedied or the delinquent account is brought current. An HOA may also be able to restrict a homeowner’s access to community amenities such as pools, fitness centers, and the clubhouse.
HOA Legal Action
Legal action is typically rare, but it may be required for an association to enforce rules and regulations when no other penalty seems to work. Courts are always going to want to keep these cases out of the courtroom, and you may find yourself in mediation or arbitration. No one enjoys spending time and resources going to court, so HOAs and homeowners should avoid litigation whenever possible.
A smart HOA will go to court only when a homeowner fails to come into compliance after numerous notices, fines, and other enforcement actions.
We are a Los Angeles property management company that can help you with your rental property and your HOA management. If you’d like to talk through the specific situations that your board may be dealing with, please contact us at EGL Properties.