HOA Responsibilities and Rule Violations Overview

By Cody Gorsuch Avoid Common Mistakes Comments Off on HOA Responsibilities and Rule Violations Overview

rules and regulations

“Why did I get a letter?”

One question most association managers get asked regarding rules and regulations enforcement is, “Why did I get a letter?” The reason that a homeowner receives a “courtesy” letter is to inform them that they have violated or broken one of the association’s rules. It could be as simple as forgetting to pull up the trash can after it is picked up or not picking up after an animal in the yard.

The purpose of a courtesy letter is to inform the homeowner of the violation and provide them an opportunity to correct the issue. The timeline to correct the violation is typically seven to 10 days and starts from the day the letter was sent the homeowner. If the issue is not corrected, then the association may fine the homeowner, who is in violation.

It may seem silly to some that an association would fine for leaving a trash can out after pickup. However, the rules and regulations are in place to ensure the well-being and upkeep of the association. Rules and regulations are enforced unilaterally with no distinction between homeowners.

“Where can I find the rules?”

The rules and regulations for an association are in the declaration. The declaration defines what can and cannot be done regarding the property of the association. Many declarations have a section that may state certain rules, however, other declarations may give a broader statement such as, “The Board of Directors may adopt rules and regulations.” This would allow for the board to create a separate document for rules and regulations, but each rule should have some standing within the declaration. Rules and regulations should be provided to homeowners during the sale of a home. If a homeowner would like to receive a copy of them, they can always go to their association’s website and access those documents or request one from the management company.

(Photo by Shane Rounce on Unsplash)

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