Navigating HOA Resale Documents: What Buyers and Sellers Need To Know
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Why did you purchase your home in your neighborhood? Perhaps you felt safe, loved the landscaping, or just enjoyed the overall peaceful atmosphere.
Often, these perks result from the homeowners’ association’s (HOA’s) rules and regulations. When all residents are on the same page about what is and isn’t allowed, everyone can do their part to keep the community beautiful, functional, and well-rounded. On the contrary, when community members don’t follow these rules, HOA violations may be issued to ensure the safety and quality of living within the HOA. Read on to learn about HOA violations, common HOA violations, how to report HOA violations, and more.
Your HOA takes pride in maintaining a nice appearance and strong reputation. To uphold this, an HOA must have and enforce the guidelines, rules, and regulations outlined in its governing documents. When an HOA member breaks one of these rules, an HOA violation may occur.
Upon purchasing a property in an HOA, all homeowners agree to abide by the rules in the governing documents. These guidelines are required for harmony and order. When everyone is aligned on what they can and can’t do, held to the same standards, and respects the rules, it provides a positive experience for your HOA and fewer incidents of violation.
Every community has a unique set of governing documents that define its structure, roles, permissions, and day-to-day operations. Because of this, every HOA will also have unique rules and violations; however, these are the most common:
Landscaping can be a large HOA investment, but keeping green spaces thriving and attractive is vital to continued growth. That’s why HOAs typically have specific landscaping guidelines. It varies by community, but examples of landscaping rules that exist and, if broken, can cause violations include:
66% of U.S. households own a pet, and, unfortunately, furry friends can open more opportunities for violations. While you may love your pet, your neighbors might not appreciate your dog howling until the late hours of the night. To promote a harmonious coexistence and avoid tense pet-related situations, your HOA may have pet restrictions, including:
HOAs cannot control every noise that can be heard in the neighborhood. However, they can implement guidelines to minimize disruption. You may find the following in your governing documents:
Noise violations are issued to keep the community at peace and maintain courtesy among neighbors. Additionally, your city or county may have their own noise ordinances you must comply with.
Many HOAs have stringent rules regarding the placement of trash and recycle bins, as having trash accessible and outside during non-pickup hours can lead to a negative experience for other homeowners. A few examples of HOA trash violations include:
Having vehicle and parking regulations preserves the safety and aesthetic of the community. Some HOAs may have rules about:
Follow these best practices for reporting and resolving HOA violations:
Before reporting the violation, thoroughly review your governing documents to guarantee the person in violation is actually breaking an HOA rule. Also, review how to report or submit a violation. Many communities have a process for violations, and third-party approved vendors or management company employees may conduct routine property inspections to ensure compliance.
Sometimes, a simple, cordial conversation or reminder can quickly solve an issue or the need to submit a violation request. If a conversation feels appropriate, approach your neighbor kindly and put yourself in their shoes; perhaps the person is new to the community and isn’t fully aware of the community's guidelines. Remember that there are always two sides to a story.
Do you have actual evidence or proof that the violation occurred? Often, members may find themselves in a battle of “he said, she said” because each party lacks evidence of the violation. If possible, obtain proof of the violation in writing or with images or video.
When submitting a violation, be detailed so your board or manager can easily read and understand your reason for the violation. Some questions may include:
Confirm you’re correctly following your HOA’s process. Common violation submission methods include:
After submitting your violation request, be available if your board reaches out to you to discuss the matter. Also, allow your board time to review your request and properly evaluate and resolve the complaint. The board’s last move is to follow the community’s protocols, submitting a warning or formal letter to the violator in question.
Dealing with HOA violations is challenging. But did you know you can simplify things with the TownSq platform?
TownSq is an app designed to make tracking and enforcing HOA rules easier. From noting rule violations to sending letters quickly, TownSq is the top choice for HOA managers and boards. Explore TownSq and more of our features by requesting a free, 30-day trial here.