Constructive Notice

What is a constructive notice for HOAs?

Constructive notice is a legal principle that assumes an individual’s knowledge of certain information based on the simple fact that they have access to it. For example, a homeowners association’s (HOA) rules and regulations are part of each homeowner’s contract. Those rules and regulations are also part of the public record. Therefore, it’s assumed that the homeowner is fully aware of the HOA’s rules, regardless of whether they’ve read them or not. 

When a homeowner purchases property in a managed community, they must adhere to the HOA’s conditions defined in their contract. If they break a rule, they can’t avoid penalties by claiming ignorance.

Why are constructive notices important?

HOA’s are responsible for maintaining a certain standard of living in the community. To do this, they must make homeowners aware of the Covenants, Conditions, and Restrictions (CC&Rs). These outline what homeowners can and can’t do. 

Constructive notice makes all CC&Rs publicly available so homeowners are aware of their obligations as community residents. It allows the HOA to hold homeowners accountable if they break a rule and impose the appropriate penalties. It also ensures that interested home buyers receive a copy of the CC&Rs before deciding to purchase. This transparency helps HOAs maintain an orderly community and cuts down on disputes.

How can you use “constructive notice” in a sentence?

She couldn’t fight the HOA’s violation fees because she had constructive notice of the rules.