HOA Violations Explained: Rules, Fines, And Homeowner Rights

Homeowners should understand their rights regarding HOA violations. Similarly, board members must be aware of the proper procedures and requirements before issuing a fine when owners break the rules. Violations can be tricky to navigate, but knowing state laws and the HOA’s governing documents can greatly help.

 

What is a HOA Violation?

Homeowners associations enforce rules and regulations to maintain peace, order, and aesthetic appeal. Residents of an HOA community have an obligation to follow these rules. When they break a rule, it can potentially lead to consequences.

The HOA board is responsible for enforcing these rules. Board members must follow the HOA violations process outlined in their governing documents. Moreover, state laws may also stipulate certain requirements or limitations when enforcing the rules.

 

What Happens When Homeowners Break the Rules?

There are several possible penalties a homeowner may face if they violate the HOA rules. Depending on state laws and the governing documents, an HOA may use the following enforcement methods:

• HOA Violation Letter. Typically, the HOA will send a notice to the homeowner informing them of their violation and the possible penalty. The homeowner will usually get a chance to remedy the violation before the HOA takes further action.
• Fines. Many associations levy HOA violation fines after a homeowner is given an opportunity to be heard. Fines help deter violations and also serve as a way to penalize them.
• Suspension of Privileges. In some communities, an HOA may be able to temporarily suspend an owner’s privileges due to a violation. For example, an HOA might revoke a member’s right to use the amenities for a short period.
• Legal Action. In more extreme cases, the HOA may take legal action to force an owner to comply with the rules.

 

Common HOA Violations

Violations can take many forms, and they ultimately depend on the types of rules an HOA has. That said, here are the most common violations homeowners commit.

• Landscaping neglect
• Improper exterior modifications
• Parking violations
• Trash can violations
• Pet rule violations
• Noise complaints
• Unauthorized rentals (e.g., short-term rentals)
• Holiday decoration violations
• Fence violations
• Failing to maintain property appearance
• Unapproved signage
• Running a business from home
• Storage of recreational vehicles or boats
• Overcrowding or subleasing
• Leaving items in common areas
• Pest infestations
• Use of prohibited materials (e.g., roofing or paint colors)
• Blocking sidewalks or driveways
• Improper use of amenities (e.g., pool or gym misuse)

 

What is the HOA Violation Process?

Exact violation procedures can differ from one association to another. Generally, they typically start with an inspection or report of the violation, followed by a violation notice and an opportunity to be heard. If the board concludes that the homeowner has violated the rules, it may proceed with the penalty.

 

1. Inspection or Report

Most HOAs have a violations committee or a community manager that conducts routine inspections. Residents may also submit violation reports to the HOA board if they spot something. While reporting HOA violations is common practice, the board should not appoint homeowners as violation enforcers.

Once the board receives a report of the violation, it will then proceed to investigate it. Violation reports should come with evidence.

 

2. HOA Violation Notice

Next, the HOA board will send a violation notice to the offender. This notice should include pertinent details of the violation, photo evidence, and a deadline for the homeowner to correct the violation. It should also state that the homeowner can request to appear before the HOA board to present their case. Furthermore, the notice should indicate the penalty they potentially face.

 

3. Disciplinary Hearing

Many states require HOAs to give homeowners an opportunity to be heard before levying fines or other penalties. At this hearing, homeowners can defend themselves and share their side of the story.

 

4. Decision or Penalty

After the hearing, the HOA board can decide whether or not to proceed with a penalty. Penalties typically involve monetary fines and temporary suspension of privileges. Sometimes, if a homeowner refuses to comply, the HOA may take legal action to get a court to order compliance.

 

Can an HOA Fine You Without Proof?

The answer depends on state laws and the governing documents. In general, an HOA should not penalize a homeowner for violating a rule without proof. Homeowners can appeal such a decision, which will likely end up in mediation/arbitration or even in court.

 

Laws on HOA Violations and Fines in Texas

In Texas, no law automatically grants an HOA the authority to issue fines for violations. To impose fines, an HOA’s governing documents should explicitly state that the HOA has the power to do so.

Moreover, if the governing documents authorize the HOA to impose fines, the HOA must create an enforcement policy and make it available to all homeowners and residents.

 

Homeowner Rights

Homeowners have a right to receive written notice of their violation (via mail) and attend a hearing before getting slapped with a fine. According to Section 209.006 of the Texas Property Code, this notice must include the following information:

• A description of the violation;
• The amount of the potential fine;
• A statement that the homeowner may request a hearing with the HOA board within 30 days; and,
• A notice of any special rights or relief that might apply to the homeowner.

Additionally, if the violation doesn’t threaten public health or safety and is “curable,” then the homeowner should be given a chance to correct the violation to prevent the fine. The notice should outline the deadline for this correction and must be reasonable.

Repeat violations may not require notice.

 

HOA Enforcement Policy

According to Section 209.0061, HOAs authorized by their governing documents to impose fines must come up with an enforcement policy. This policy should explain the following:

• Types of rule violations can result in fines (like noise, parking, or property appearance);
• How much will the fines be for each type of violation; and,
• The process is for hearings if a homeowner wants to challenge a fine.

Additionally, the HOA board can give itself the option to adjust the fines depending on the case. This applies even if there’s a general schedule.

The HOA must give homeowners a copy of this fine policy using the following means:

• Posting it on a members-only HOA website, or
• Sending it out to homeowners once a year (either by hand delivery, first-class mail, or email if the owner provided their email address).

If the HOA has a public website, the board must also post the policy there.

 

Self-Help Remedies

In Texas, HOAs don’t have the inherent right to enter a homeowner’s property to remedy a violation, otherwise known as self-help remedies. This authority must be explicitly granted in the governing documents, specifically the CC&Rs.

If an HOA wishes to use self-help, it must do so according to the exact process outlined in the governing documents. This includes any notice requirements. Failure to do so can constitute trespassing.

 

Judicial Enforcement

An HOA can sue a homeowner to make them follow the community rules. Typically, the goal of the lawsuit is to get the court to order the homeowner to fix the problem, either by doing something or stopping something. This is called “specific performance.”

On top of that, the court can also charge the homeowner up to $200 per day for each day they break the rules.

These lawsuits are usually filed in district court, which can issue specific orders to force someone to act or stop acting. A justice court can also handle rule violations, but only for certain types of issues, like non-structural violations. Justice courts can’t order someone to take action. They can only fine the homeowner up to $200 per day for each violation.

If a homeowner ignores a court order, they could face more serious consequences like extra fines or even jail time.

 

Abandonment of Rule

If an HOA has stopped enforcing a certain rule for a long time, a court might decide that the rule has been “abandoned.” This means it’s no longer valid. When this happens, the HOA is considered to have given up its right to enforce that rule.

This concept, called “abandonment and waiver,” can be used as a defense if a homeowner is fined. To use this defense, the homeowner must show that a reasonable person would think the HOA no longer cares about enforcing that rule.

A court may look at the following:

• How serious the past violations were that the HOA ignored
• Whether the person being fined relied on the rule being enforced when they bought their home
• How many rule violations did the HOA ignore compared to the total number of properties

If the court finds that the rule was truly abandoned, the HOA may not be allowed to enforce it or issue fines related to it.

 

The Bottom Line

Rules serve an important role in the long-term success of any HOA community. Homeowners should do their best to abide by them, while board members should enforce the rules consistently and fairly. In the event of HOA violations, following proper procedures and requirements helps prevent liability risks.

Graham Management provides exceptional and reliable HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more!

 

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