Enforcement Actions in Delaware HOAs

Question:

Three of us have been elected to be on the HOA board for our community and we are having difficulty understanding what we can do to enforce the declaration for our community. The previous HOA President let homeowners do whatever they wanted and didn’t follow the declaration so now we have a homeowner who’s parking his work vehicles in the complex along with trailers on this property and boats (2). Has told many neighbors he’s going to fence in his yard and park even more vehicles in his yard. The city of Dover has been little to NO help reinforcing our declaration and their own rules. What recourse do we have besides sending him letters?? Our hands seem to be tied and we are frustrated!

– Deanna

 

Answer:

Hi Deanna,

It would be best to refresh and remind the homeowners of the community’s rules and restrictions, including any penalties they might face for violations. Then, follow the enforcement procedures of your association. Delaware law allows HOAs to charge a fine for violations, provided the association provides notice of the violation and gives the homeowner an opportunity to be heard first.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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