Running a homeowners association means dealing with HOA violations. Rule enforcement is a major part of the HOA board’s responsibilities, but failure to follow due process under state laws and the governing documents can land the board in hot water.
What are HOA Violations?
Homeowners association violations occur when residents break the rules of the community. Every association has rules and regulations designed to maintain the neighborhood’s standards. When a rule is broken, consequences must follow. Otherwise, there would be no deterrent to violations.
Common HOA Violations
A CC&R violation can take many forms, but some are more common than others. Most associations deal with the same recurring issues year after year. Understanding these frequent violations will help boards enforce rules consistently and help homeowners avoid unnecessary fines.
1. Property Maintenance
Property maintenance violations are among the most common. These usually involve visible neglect of a home or lot. Examples include overgrown lawns, dead landscaping, peeling paint, dirty siding, damaged fences, or cluttered yards.
2. Architectural Standards
Many communities require approval before making exterior changes. Architectural violations happen when owners install new roofs, fences, sheds, patios, windows, or paint colors without submitting an application. Even small changes can violate design guidelines.
3. Parking Violations
Parking issues frequently cause tension in HOA communities. Common violations include parking in fire lanes, blocking sidewalks, storing inoperable vehicles, exceeding guest parking limits, or parking commercial vehicles in restricted areas. Some associations also regulate street parking or overnight parking.
4. Pet Policies
Pet violations typically involve exceeding pet limits, failing to leash animals, or failing to clean up waste. Some communities restrict certain breeds or sizes. Noise complaints involving barking dogs also fall under this category.
5. Noise Complaints
Noise violations usually involve loud music, parties, construction outside approved hours, or disruptive behavior. Most associations enforce quiet hours to maintain a peaceful environment.
6. Unauthorized Rentals
Short-term rentals or leasing without board approval often violate the governing documents. Many associations limit rentals to preserve property values. Owners who rent without following proper procedures may face fines or legal action.
7. Holiday Decorations
Holiday decoration violations often involve leaving decorations up beyond the permitted timeframe or installing displays that violate safety rules. While communities want owners to celebrate the holidays, associations usually set reasonable limits to maintain order and appearance.
How to Handle HOA Violations
When faced with a violation, board members must know how to address it. Below are the steps for due process.
1. Investigate Allegation
There are several ways HOA boards receive violation reports. Board members themselves or a committee could be tasked with conducting regular inspections. If an HOA has a management company, the manager would be responsible for this task.
Some communities allow homeowners to submit complaints anonymously. Reporting HOA violations this way keeps more eyes on the neighborhood, but it can also create tension and confusion. To confirm whether a violation has occurred, board members must investigate the report.
2. Send an HOA Violation Notice
According to Section 209.006 of Texas law, associations must notify an owner before imposing a penalty for a violation. This notice must consist of the following:
- A clear description of the rule violation.
- The amount of the proposed fine.
- A statement that the owner has 30 days to request a hearing before the board.
- Notice of any special legal rights the owner may have, including protections under the Servicemembers Civil Relief Act.
- If the violation is not a health or safety threat and can be corrected, a reasonable deadline for correction should be provided.
- The specific date by which the violation must be corrected to avoid the fine.
3. Verify Cure
If the violation is curable, the board must give the owner an opportunity to remedy it and avoid the penalty. Examples of curable violations include parking, noise, and maintenance violations.
On the other hand, incurable violations are those that can’t easily be fixed or reversed. These include shooting fireworks, ongoing noise violations, property damage, and acts that pose a threat to public health and safety.
4. Organize a Disciplinary Hearing
Homeowners have a right to request a hearing before a penalty is levied against them. If they do so, the board must comply and organize the hearing. At this hearing, the homeowner may present their case and any supporting documentation.
5. Impose Penalty
If the board decides that a penalty is warranted, it may impose it on the homeowner. Penalties can vary from one community to another, but they typically include HOA violation fines and suspension of privileges.
Can an HOA Fine Homeowners in Texas?
Homeowners associations in Texas do not have the inherent authority to impose fines for violations. Instead, HOAs obtain this authority from their governing documents. If the CC&Rs or bylaws authorize the association to levy fines, the association may do so.
That said, if an HOA does have the authority to impose fines, Texas law does require the creation of a written enforcement policy (Section 209.0061). Association boards must make this policy available to all members.
Can an HOA Use Self-Help Remedies in Texas?
No, Texas law does not automatically grant HOAs the power to enter someone’s private property, even if the purpose is to remedy a violation. This is what’s known as self-help. Instead, the governing documents must explicitly give this authority to the association. Additionally, HOAs must follow all notice requirements and proper procedures.
Can an HOA Sue for a Violation in Texas?
Yes, associations may file a lawsuit to enforce the community’s rules. This is usually a last resort, considering how time-consuming and expensive it is. But this route can be successful in obtaining a court order requiring a homeowner to remedy a violation. Additionally, a court may award civil damages of up to $200 per day the violation remains in effect.
A Harmonious Community
Dealing with HOA violations might not seem simple at first glance, but with the right resources and knowledge, boards can ensure due process is followed and owners’ rights are protected. All in all, these actions will keep the association in good standing and thriving.
PAMco offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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