Homeowners associations (HOAs) play an important role. They provide certain amenities for people living in the community and protect everyone’s property values by standardizing maintenance matters.
HOAs often adopt numerous rules intended to ensure the quiet enjoyment of all community residents and consistent property values. When a resident violates the rules of the community, they may be at risk of enforcement actions.
HOA rule enforcement can involve assessing fees. Significant infractions may lead to the termination of certain rights, such as access to shared gym facilities. Occasionally, HOAs may even place liens against properties because of rule violations and unpaid fees. HOA boards generally have the authority to enforce community rules. When can property owners fight back against rule enforcement because it is inappropriate or unfair?
When the rules are not valid
HOA rules need to be reasonable. They should not create undue hardship for community members. Additionally, they cannot violate state or federal law.
Rules that discriminate against certain groups with protected characteristics may not be enforceable. Homeowners may be able to fight the enforcement of rules that cause hardship or that violate existing statutes.
When enforcement is inconsistent
An HOA must be neutral about rule enforcement. Typically, the board must enforce rules consistently or risk losing the authority to continue doing so.
Sometimes, HOA boards allow some members of the community to leave their trash out for an extra day or plant prohibited vegetation in their front yard. If they then attempt to enforce those same rules against another community member, that might result in the community member pushing back and winning.
When the rule is not in writing
HOA boards adopt extensive community guidelines and bylaws that people have to respect. They sign agreements when buying into the community in most cases.
The HOA cannot simply adopt new rules without community involvement. Simply creating a new rule and then attempting to enforce it might lead to pushback from the people accused of violating that standard.
Both HOA board members and individual homeowners may need help navigating an HOA dispute about community rules. Learning about when rule enforcement is unfair or inappropriate can help people defend themselves or help HOA boards maintain their authority.
