An unpleasant but necessary community association task: the official violation letter. No matter what, HOA violations will occur at some point. Whether you're a homeowner or a board member, understanding common violations and how to resolve them is necessary. Homeowners forget the rules or violate them on purpose, crossing their fingers that they'll slip the HOA's notice just this once.
An HOA violation letter serves as a formal notification sent by a homeowners association (HOA) to address non-compliance with the rules and regulations outlined in the community's governing documents. The purpose of this letter is to inform homeowners about the offense committed and detail the actions required to rectify the violation.
The content of a friendly HOA violation letter typically includes a clear and concise description of the offense committed. It should outline the specific rules or regulations that have been breached and provide evidence or documentation to support the claim. The letter should also provide homeowners with a list of required actions to rectify the violation. Homeowners are often given a reasonable time frame within which to comply, typically ranging from 10 to 30 days, depending on the severity of the violation.
An HOA violation can take various forms, from minor infractions to more significant breaches. In short, an HOA violation occurs when homeowners fail to comply with the governing documents of the HOA, which include the Covenants, Conditions, and Restrictions (CC&Rs).
CC&Rs, as a key component of the governing documents, outline what residents can and cannot do with their properties. These may include regulations on architectural changes, landscaping, parking, and even pet ownership. Violations of CC&Rs can lead to warnings, fines, or other disciplinary actions from the HOA.
Residents are expected to familiarize themselves with the rules and regulations set forth by the HOA, as they are legally binding. By adhering to these rules, homeowners help create a pleasant living environment for everyone in the community.
For new neighborhood members, it's courteous for a community association, like an HOA, to offer a list of common violations to new homeowners. Because let's be honest, they're unlikely to read the entire list of HOA bylaws. But, this way, the HOA can be assured that each homeowner has the necessary knowledge to avoid common violations and the fines associated with them.
Unfortunately, making homeowners aware of common violations doesn't mean that the HOA will never have to send another violation letter. Before drafting your next formal violation letter, let's get familiar with the necessary elements the letter should contain:
Time to put it into practice. Here's how you could draft a series of typical violation notices to a homeowner in your neighborhood.
You should always address the letter to the homeowner, not a tenant. Clarify whether you are addressing the landlord of a property or the occupant before you begin.
For example, when communicating with a landlord who is the owner of the home but does not occupy the property, it's appropriate to allow a little more time for correction of the violation as the landlord must then, in turn, communicate with their tenants.
The first notice should be formal, yet polite. Assume best intentions on behalf of the occupants of the home. For example:
Dear ___________, It has come to the attention of the homeowners association that a violation of our bylaws has occurred. This letter is the first formal notice of the violation.
Beginning Tuesday, August 17, 2021, at approximately 2:35, an unauthorized leisure vehicle was parked in the front yard of your home. Please see attached photos for reference.
Please note that (rule number) of the HOA charter states, “QUOTE RULE IN FULL HERE”. If the offending vehicle is removed according to the rule within 24 hours, no fine will occur.
However, if it remains in its current place, the HOA will follow this letter with an official notice that includes a $100 fine as stated in the charter.
We believe that our residents are good neighbors who do not knowingly violate HOA bylaws. In that spirit we wish to encourage compliance, not to punish violators or generate revenue.
Thank you for understanding how adhering to these rules makes our neighborhood a more beautiful and pleasant place for us all to live.
Please do not hesitate to contact me if you have any questions or concerns about this matter.
Warmly, Roberta Jones HOA President
The second notice may have a more urgent tone, but will still focus on the violation, and the facts and information surrounding it. Never shift focus to the occupant's character or behavior.
Dear ___________, We are following up regarding a communication delivered to you last week. As you may already know, it has come to the attention of the homeowners association that a violation of our bylaws has occurred. This letter is the second formal notice of the violation.
To review: Beginning Tuesday, August 17, 2021, at approximately 2:35, an unauthorized leisure vehicle was parked in the front yard of your home. Please see attached photos for reference.
You may remember that (rule number) of the HOA charter states, “QUOTE RULE IN FULL HERE”. Since the offending vehicle has not yet been removed, we must inform you that you have been fined $100.
The fine should be paid either online at our website (put website address here) or via check to the HOA President.
We know that our residents are good neighbors who usually do not knowingly violate HOA bylaws. In that spirit we wish to encourage compliance, not to punish violators or generate revenue.
Thank you for understanding how adhering to these rules makes our neighborhood a more beautiful and pleasant place for us all to live.
Please do not hesitate to contact me if you have any questions or concerns about this matter.
Warmly, Roberta Jones HOA President
This notice may include information regarding fines or legal action that may follow if the violation is not addressed.
Dear ___________, This letter follows two previous communications regarding a repeated violation of the HOA's bylaws. As you already know, it came to the attention of the homeowners association that a violation occurred several weeks ago. This letter is the final notice of the violation.
As you have already been informed – Beginning Tuesday, August 17, 2021, at approximately 2:35, an unauthorized leisure vehicle was parked in the front yard of your home. Please see attached photos for reference.
(Rule number) of the HOA charter states, “QUOTE RULE IN FULL HERE”. Since the offending vehicle still has not been removed, your fine has increased to $500 and a formal meeting of the HOA will take place (DATE/TIME/LOCATION) to discuss further action that may be taken.
If you wish to dispute the fine or violation you must be present at this meeting. Additionally, the fine must be paid either online at our website (put website address here) or via check to the HOA President prior to the meeting.
We know that our residents are good neighbors who usually do not knowingly violate HOA bylaws. In that spirit we wish to encourage compliance, not to punish violators or generate revenue.
Thank you for understanding how adhering to these rules makes our neighborhood a more beautiful and pleasant place for us all to live.
Please do not hesitate to contact me if you have any questions or concerns about this matter.
Warmly, Roberta Jones HOA President
Handling an HOA violation requires a proactive and respectful approach to resolve the issue. HOA boards can use our step-by-step guide to effectively handle an HOA violation.
Start by carefully examining the details provided in the report, such as the nature of the violation and any supporting evidence. Pay close attention to any policies or regulations that may have been breached.
Next, consider the severity of the violation and its potential impact on the affected parties. Assess whether it is a one-time incident or part of a larger pattern of behavior. This evaluation will help determine the appropriate action to take.
When drafting the violation letter, it is important to be clear and concise. The letter should state the specific violation, the deadline for resolving the issue, and the consequences for non-compliance. It is important to outline the steps the homeowner needs to take to rectify the violation and prevent any further action from being taken.
Consider delivering the letter in person. Confronting the homeowner with a friendly conversation and sharing your report of the issue with them can avoid a negative response.
HOA boards should clearly communicate the consequences of non-compliance. This should be done transparently, highlighting the potential negative outcomes that may result from the violation. By emphasizing the importance of adhering to the given guidelines or policies, individuals become aware of the seriousness of their actions. Consequences can vary depending on the nature and severity of the violation, ranging from verbal warnings and written reprimands to more severe measures such as suspension or termination.
Following the explanation of consequences, the next step is to provide a path to resolution. This involves offering individuals an opportunity to rectify their actions and make amends and should include a reasonable timeline for these remedies to be implemented. This could include actions such as attending training sessions, completing corrective actions, or actively engaging in discussions with supervisors or relevant parties.
To protect against any potential legal action, it is important to document all forms of communication. This includes emails, phone calls, meetings, and any other means of communication that occurred between the parties involved.
When possible, HOA violation correspondence should be exchanged in writing to produce a paper trail. Keeping these communications documented allows HOAs to protect themselves against retribution.
If the owner fails to remedy the violation or comply with the HOA's decision, it may be necessary for the HOA to enforce consequences to handle the situation effectively.
The HOA has a variety of options available to it, including issuing fines, hiring a professional to rectify the violation and charging the owner for the expense, placing a lien on the property, or taking legal action if necessary. The HOA must review its governing documents and consult with legal counsel to confirm that the enforcement actions are within the bounds of the law and the association's regulations.
Monitoring compliance with the resolution enables the HOA to maintain order and promote the smooth functioning of the community. To accomplish this, the HOA board or its representative may do the following:
1. Establishing Monitoring Mechanisms: The HOA board should set up a system to monitor compliance with the resolution. This may include appointing a compliance officer or committee responsible for overseeing adherence to the rules.
2. Regular Inspections: Inspections should be conducted periodically to ascertain compliance with the resolution. These inspections may involve examining properties, common areas, and facilities to confirm they adhere to the rules and regulations outlined in the resolution.
3. Prompt Action on Non-Compliance: If non-compliance issues arise, the HOA board should take appropriate action promptly. This may include issuing additional warnings, fines, or other disciplinary measures as outlined in the resolution. Timely enforcement sends a strong message that the HOA is committed to upholding the rules and promotes a sense of fairness among homeowners.
As close as possible to the occurrence of the violation. The sooner the better, and the quicker it can be resolved.
If the head of the HOA or person delivering the letter (perhaps the secretary of the HOA) has a relationship with the homeowner, then delivering face-to-face is preferable. But, if this will be unnecessarily awkward or there's no prior relationship, then hand-delivering the letter to a mailbox is perfectly appropriate. For a second, third, or final notice, the HOA may consider sending the letter through the mail in order to get confirmation that the letter has been received by the homeowner.
Many HOAs will answer this question as part of their bylaws so make sure to check yours first. If there is not a standard protocol regarding the number of warnings let the “ rule of 3 ” guide you. A first warning, a second warning, and a final warning. Make sure as well to space these warnings appropriately so the homeowner has sufficient time to fix the problem.
Speaking of which, how much time is appropriate for the violation depends on the violation. If it's something simple such as smoking near neighbors then it should be addressed immediately. If it involves repair work, lawn work, or any other maintenance that will take time and money, then allowing 4-6 weeks is generous and appropriate.
While different states have different rules, there are steps HOAs can take when violations aren't addressed in a timely manner. Remember that the goal is always to correct the violation rather than to evict a tenant or homeowner.
Most violations are standard, addressed in the homeowners association rules, and easily dispensed with. But, when a unique situation occurs, what do you do? If something isn't addressed in the HOA handbook, first find out if it's legal or illegal. You may need to pass the situation along to the authorities. If the activity is legal, it may be time to call an HOA meeting to discuss the issue and put it to a vote. In unique situations, it's a good idea to involve the offending homeowner as soon as possible so their voice can be part of the conversation.
As discussed, managing an HOA violation is complex and should be handled with care. Here are a few general tips for working through the process.
When addressing violations, the HOA board must gather and evaluate all relevant evidence or information before making a decision. This guarantees that the process is fair and unbiased. It is equally important to provide individuals involved with an opportunity to present their side of the story and provide any additional evidence or information to support their case.
Be sure to document all communications to be sure that all parties are treated fairly. Additionally, it is important to have a designated impartial party or committee responsible for overseeing the violation process. This protects against personal biases.
Educating homeowners on the process of resolving HOA violations can help maintain a harmonious living environment within a community. Homeowners who understand the process are not only easier to collaborate with when an issue arises, they're also less likely to violate the rules in the first place.
When an issue does arise, alerting homeowners of these violations with a friendly HOA violation letter allows them to rectify the situation in a timely manner, thereby avoiding potential fines or other consequences.
One of the main reasons why seeking legal advice is important for HOA boards is due to the complex nature of homeowners' association laws. These laws can vary depending on the jurisdiction and can be intricate and often difficult to decipher without proper legal expertise. HOA boards may require specialized legal expertise to navigate through these laws effectively.
Furthermore, disputes with homeowners can also present legal complexities. HOA boards may find themselves facing lawsuits or legal claims from homeowners who feel their rights have been violated or their interests have been compromised. Having access to specialized legal expertise can help the board protect their interests by understanding their legal rights and obligations, as well as formulating appropriate strategies for dispute resolution.
Managing an HOA is difficult enough, even without rules violations. From collecting dues, overseeing community engagement, and more, the job of an HOA board is a tough one.
If you’re interested in recruiting a professional to assist in managing an HOA, you can get started with our directory of local association management companies here.
