People buy property in neighborhoods governed by homeowners associations (HOAs) for many different reasons. Some people want the security that comes from having owner-occupied only houses as opposed to houses rented by landlords in a neighborhood. Some people want to protect their home values from the negative impact of a neighbor who doesn’t maintain their yard or house.
For some people, properties in HOA communities are simply the best option given their needs when acquiring a new home. Whatever the underlying incentive for acquiring a home in an HOA community, owners need to ensure they understand and consistently comply with HOA regulations and bylaws.
Otherwise, they may be at risk of enforcement actions. An HOA could demand that someone remove a vegetable garden from their front lawn or intervene to stop them from installing fuchsia siding. Other times, HOAs may charge fees, restrict access to shared amenities or even foreclose on properties.
When can homeowners push back against HOA enforcement efforts?
When enforcement is inconsistent
For an HOA to legally enforce rules governing property maintenance and home ownership, the organization must enforce those rules consistently with all local property owners. If others have not faced enforcement actions for the same infractions, then an enforcement effort could potentially be personal or discriminatory. Those who have proof of inconsistent enforcement may be in a good position to fight back against rule enforcement efforts.
When rules aren’t lawful
Technically, HOAs can include all kinds of terms in their agreements with local homeowners. Not all of those terms are necessarily legal or enforceable. For example, rules that essentially lead to discrimination against members of a particular religion or race might be illegal. Homeowners may need to look carefully into discrimination and housing laws to determine if the alleged rules are even legal.
When enforcement actions do not align with community standards
Typically, those buying properties in HOA communities agree to specific rules. Those rules often include explanations of how the organization might pursue enforcement in cases of major violations. If community standards allow for fees, locking someone out of the shared gym for the community might be inappropriate. Similarly, if the rules state that someone has a certain amount of time to bring their property into compliance, assessing fees at the same time as issuing a warning letter could be a violation of HOA standards.
Those embroiled in a dispute with their HOA may need help navigating their real estate conflict. Reviewing community documents with the assistance of a knowledgeable legal team is often a good starting place when responding to HOA enforcement efforts.