How To Properly Handle HOA Violation Notices
The first step in a homeowners' association exercising its authority to enforce its rules involves proper notification to the homeowner.
Overview
One of the battles homeowners living in HOA communities face is properly handling situations when a notice of violation from the homeowners' association is received.
They understand what the association's board of directors must do to provide proper notice of a violation. In general, a concept of due process, meaning notice, and an opportunity to be heard, apply to violation processes involving homeowner's associations.
This article will walk HOA members through the processes involved in enforcing the community rules.
Right to Notice of Violation for Homeowner's
The first step in the process of an association exercising its authority to enforce its rules or Covenants, Conditions, and Restrictions (CC&Rs), involves proper notification to the homeowner. Depending on where the HOA sits, there can be differences in how associations notify homeowners of alleged violations.
Florida law provides specific notification requirements to ensure that homeowners receive a reasonable due process. This process generally begins with proper notification so that a homeowner can be adequately informed of the nature of the violation and have an opportunity to respond to it.
Homeowners need to be familiar with applicable state law that governs the association's enforcement process. In addition, they should know the association's enforcement policy, which likely outlines in detail the notice procedures the association must follow.
Homeowners' Right to a Hearing
After a homeowner receives a notice of violation, typically, the next step in the process is a hearing before the HOA Board. This concept comes from a basic set of rules embedded in many areas of the law. When there is an alleged violation, homeowners must receive adequate notice and opportunity to be heard concerning the breach.
Generally, there is an advance notification requirement so that the community member can have an adequate opportunity to plan for and attend the hearing. This step is beneficial in cases where a member of an association has a reasonable argument concerning the alleged violation and would like the opportunity to present evidence that the association's board may consider.
HOA members must understand what the Bylaws provide and the community rules to prepare for a hearing adequately.
Homeowners' Right to Appeal
Once there is a hearing, the association's board renders a written decision concerning the violation within the timeframe provided by the CC&Rs. After reviewing the homeowner's evidence, the board may find no offense or impose a fine for non-compliance if the owner fails to remedy the violation.
Homeowners who are not satisfied with the outcome of a hearing may have appeal rights, either determined by state law or by the association's documents.
Reasonable and Non-Discriminatory Decisions
Among the most important considerations for both community members and homeowner associations alike is that enforcement of rules and CC&Rs must be reasonable and non-discriminatory. What this means is that associations must be consistent when enforcing their laws. Also, the association's board cannot act arbitrarily or unreasonably when issuing violation notices.
Compliance With Notices and Hearings
Suppose the HOA fails to give the homeowner adequate written violation notice or fails to follow notice requirements. In that case, the HOA will have to go back and reissue an accurate statement with the required information or in the time frame by the association's CC&Rs or state law.
However, this does not solve the practical problem of a member's objection to a lack of proper notification or information if the homeowner fails to take the necessary steps to comply with the property. But, the association will have the authority to continue with enforcement action if the violation is valid.
If a court battle ensues, one might raise the issue of inadequate notice in that setting. However, that does not deal with the substantive issue at hand and often leads to all parties spending more money and the problem not getting resolved according to anyone's satisfaction.
Arbitration
Please see The Arbitration Rules of Procedure Governing Recall and Election Disputes in Homeowners' Associations to learn about Florida's arbitration laws.
Enforcement Lawsuit
Suppose a violation is valid and the association has followed all the due-process requirements to enforce its rules and has allowed the owner to cure the breach. In that case, the association may have the authority to file an enforcement action with the court to force compliance.
Enforcement litigation is the last place any community member or association wants to be. The process is expensive, time-consuming, and leads to bad feelings amongst members of the HOA who are still neighbors. Therefore, don't tackle this lightly.
It would be in an HOA's best interest to informally discuss a rules violation with a member before embarking on the formal notification process.
In Closing
Homeowners should clearly understand the association's community rules and enforcement process to ensure they receive adequate notice of an alleged violation. A challenge to the process can protect a homeowner's rights and property interests when appropriate. It can also protect members from a homeowners' association that has overstepped its bounds or has only selectively enforced various rules and regulations.
Contact Us!
The fallout from the failure to comply with the CC&Rs does not serve anyone's interest. Build relationships between members of the homeowners' association instead. Call us to find out more information on how to handle HOA Violation Notices—our managers are here to help you!
