Homeowners associations (HOAs) are a ubiquitous presence in residential communities, with 74 million Americans residing in HOA-governed neighborhoods in 2021. These associations impose a plethora of rules, ranging from seemingly mundane restrictions on pets and trees to specifications about your home’s exterior aesthetics, like roofing and paint colors. While it might be tempting to question the necessity of adhering to every guideline, HOA rules, officially known as restrictive covenants or covenants, conditions, and restrictions (CC&Rs), are a binding aspect of homeownership in such communities.
Over the past few decades, CC&Rs have increasingly regulated the external aspects of homes within a community. Homeowners need to understand that while HOAs have the authority to enforce rules, there are limitations to their power. HOA rules cannot supersede state or federal laws, ensuring they remain within legal bounds. Discrimination based on race, religion, or disability is strictly prohibited, and all rules must be both reasonable and consistently enforced.
While homeowners may find these regulations frustrating, adherence is crucial to avoid penalties. Failure to comply can result in various consequences, ranging from warnings to severe financial repercussions.
Penalties for Non-Compliance
1. Warning:
Consider a written warning a fortunate opportunity for correction. Detailed and specific, these warnings aim to prompt immediate compliance, sparing homeowners from further consequences.
2. Fines:
Monetary penalties act as deterrents, urging homeowners to rectify violations promptly. However, fines must be reasonable, and neglecting them can lead to escalating financial repercussions.
3. Restrictions:
Homeowners breaching rules may face limited access to community amenities like golf courses or swimming pools, emphasizing the communal nature of consequences.
4. Lawsuit:
HOAs possess the authority to take legal action against non-compliant homeowners, a process that can be both time-consuming and financially burdensome.
5. Lien:
In extreme cases, the HOA may place a lien on the homeowner’s property, jeopardizing future sales and, in severe instances, leading to foreclosure.
Seek Professional Assistance with City Property Management
Navigating the intricate landscape of HOA rules and penalties can be daunting. City Property Management stands ready to assist homeowners facing potential consequences with services ranging from collections to lien resolution. Discover more about our expertise by filling out our online form or calling (602) 437-4777. Your peace of mind in HOA governance starts with us.
