Homeowners Associations can be a great way to maintain a neighborhoods appeal and property values – the key is for homeowners to get involved and follow the rules – after all, the neat and tidy appearance of the neighborhood was what attracted you to the subdivision in the first place right!?

Most people are unaware of the precise restrictions that their homeowners association puts on the neighborhood. However there are several measures which the HOA can put in place to force the adherance to the rules.

These are as follows:

1. Impose a Fine. This power is typically derived from the governing documents. A fine can be monetary or a suspension of privileges (like pool or clubhouse).

2. Impose a Lien. If a fine is not paid, the HOA usually has the right to file a lien against a member’s HOA property. This is often something which really should be avoided as property owners often are unaware of liens for only a few hundred dollars on their property until they come to sell!

3. Use the Court. The HOA is always represented by an attorney since these courts have rules and procedures which only lawyers understand. Court litigation is expensive and should not be undertaken lightly.

4. Self-Help. The HOA can often self-help by correcting the violation directly. Examples include hauling a junk vehicle and cleaning up an overgrown lot. Rather than ratcheting up collection costs, it sometimes makes sense to take action and bill the offender. This is something which often is used in fixing poorly maintained lawns.

5. Mediation. Mediation can be very cost effective and less confrontational way to cure a violation when a member has dug in their heels.

6. Use the Police. All municipalities have ordinances against nuisance conduct, inoperable vehicles, disorderly conduct, disturbing the peace, etc.  It may be easier for them to use the local law enforcement to deal with an uncooperative owner.

7. Use a Manager. Enforcing rules on neighbors is one of the two best reasons to hire a property manager who does this professionally.This is a great way for them to ensure that the governing rules are followed as they are an impartial third party who the homeowners can turn to without fear of upsetting their fellow residents.

So in conclusion – it is best to work with your homeowners association and to understand the rules in the first place, rather than inadvertantly break any rules. After all, HOA’s are there to protect the interests of the whole community.

Our team is always researching governing documents for HOA’s for our buyers and are always available to answer questions regarding HOA’s for the properties listed.

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Keller Williams Realty

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