Enforcing Violations Beyond Monetary Fines

Question:

I just spoke with my HOA regarding excessive barking noise, unkept front yards, and cars permanently being parked in the streets.
I was told that all they can do is send notifications and fine homeowners. They said they could not enforce any action. If a yard is a mess, they have no right to force the homeowner to follow the HOA CC&R and rules and regulations.
How can an HOA have some teeth to keep our neighborhood looking nice and follow the HOA CC&R Rules and Regulations?
Thank you,

– Karen

 

Answer:

Hi Karen,

The answer lies within your governing documents, particularly your CC&Rs. Your CC&Rs should contain the violations and enforcement process, including the remedies available to an HOA if an owner breaks a rule. It’s true, though, that sending a violation notice and charging fines are all some associations have the power to do.

It may help to appeal to other homeowners about their unkempt yards, barking dogs, and parked vehicles. Explain to them the importance of keeping the community neat and appealing. Work with your HOA board and urge them to bring the issue up at the next meeting or include it in announcements.

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

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