Violations Got Your HOA Management Down?

Is one of your community’s resident’s yards beginning to look like a jungle? Does another have an inflatable Santa that’s not looking quite as jolly in July? Are there cars resting on cinder blocks over patches of yellowing grass? Violations are an eyesore for neighbors and a thorn in HOA management’s side. How do you best deal with them? 

HOA management’s goal is to uphold the community’s rules to ensure homeowners are satisfied, the neighborhood stays safe and clean, and property values remain high. But, sometimes, members can make this difficult. Putting processes in place to handle violations of bylaws will make things smooth, fair, and straightforward as possible for everybody involved.

What Happens if a Resident Refuses to Pay?

Homeowners within an HOA have rights, including the right to dispute violations. In most states, even if a resident has obviously broken the association’s rules, they have the right to a disciplinary hearing before HOA management takes action, including imposing a fine for a violation. In some localities, the board must send notice of the hearing via first-class mail. 

The most common disputes stem from:

• disagreement about violation the resident is accused of committing 
• price of fine 
• contradicting interpretation of the rule by management and resident
• perception of inconsistent enforcement
• rule not clearly outlined in bylaws

Study your bylaws to ensure that rules are clearly stated. The bylaws should be easily accessible to residents, and updates should be shared with community members. 

It’s also crucial for board members to be unbiased and enforce laws in the same way for every resident. But, even if you follow these best practices, a resident could feel treated unfairly and dispute a violation. 

Dispute Resolution between HOA Management and Residents

When conflict arises between HOA management and residents, management must continue to act in the best interest of the HOA, treating each case consistently and not letting emotions get in the way. Consider using a third party, such as an HOA attorney, to handle some cases if you cannot come to a resolution. A neutral third party will maintain fairness and objectivity. 

If the situation can’t be resolved internally or using a third party, there are additional steps you can take:

• Mediation: a professional mediator guides the parties involved toward a compromise.
• Arbitration: a trained arbitrator listens to the parties, examines the evidence, and ultimately decides the consequence. 
• Litigation: an HOA can take legal action against a resident for not paying fines, even ultimately foreclosing the home. 

Pursuing a lawsuit is an exhausting and expensive process for all parties involved. HOA management and residents want to avoid it at all costs. Communication is a key element in preventing lawsuits from HOAs and residents.

Proper Communication about Violations

To consistently enforce rules and regulations, a standardized process is necessary. First, HOA management should discuss how residents will be notified of violations, keeping in mind your state’s requirements. For example, some things may need to be sent by Certified Mail with a return receipt requested. PayHOA’s HOA management software can send physical mailers via USPS and provide delivery status for each mailed item, ensuring nothing is lost in the mail. 

HOA management should determine how and when warnings will be given for violations. You can provide one notice before fining violations or give two or three. In rare cases, HOAs proceed with the fine without warning. But, this is illegal in some places and generally upsets homeowners. Your bylaws should outline the warning process so homeowners aren’t surprised.

Fined Without Warning

Most HOAs issue a warning before a fine. Giving residents a chance to remedy the violation before being fined can create a more amicable relationship between homeowners and HOA management. Most homeowners are highly satisfied with their homeowners’ association, and systems like this maintain that satisfaction.

Even if rules are clearly written within your association’s bylaws, not all residents might take the time to read them. Imagine you are a first-time homebuyer throwing a housewarming party with your friends and family. They park along the street in front of your new home. Then, the next week, you receive a fine for improperly parked vehicles. This isn’t a very warm welcome to the new neighborhood. Instead, a warning that explains what the violation was, how to avoid it in the future, and what will happen if it occurs again will provide a much smoother transition into HOA living. 

Nobody likes paying fines, and a good warning system can help you avoid them, leaving your residents happier while maintaining your community’s beauty, safety, and value.

A Warning a Day Keeps the Lawsuits Away

Bottom line? Communicate with your members. Notices via PayHOA software make that easy. 

Not only does providing warnings before fining improve the relationships between residents and HOA management, but it also avoids expensive and contentious lawsuits. Warning residents avoids fines, and fewer fines mean fewer unpaid fines. Unpaid fines can lead to a lawsuit, putting a lien on a house, or even foreclosure. 

Some states require HOA management to send a warning, and in that case, failing to do so could result in a lawsuit against the HOA or even its individual board members. Even if it’s not required, it’s still a good practice in addition to having clear and accessible bylaws.

Bylaws: the Ultimate Prevention of Violations

While warnings are less frustrating for residents than a fine, it can still be upsetting to receive a warning for breaking a rule you didn’t know existed, even if you have ample time to correct it. 

Creating comprehensive bylaws that list any possible violation is essential, but consider them from the point of view of your residents and ask yourself these questions:

• How easy are they to read? 
• Is the language clear, avoiding technical terms the average person may need help understanding?
• Are the most common violations easy to spot?
• Are the consequences for breaking the rules listed?
• How do residents and prospective residents access the bylaws? 

You can’t force residents and prospective residents to read the bylaws thoroughly, but you can make them easily digestible and available to them. People will still break the rules, but by analyzing your bylaws, procedures with warnings and fines, and dispute resolution, you know you made your best effort to avoid trouble.

PayHOA Can Help HOA Management with Violations 

The good news is you don’t have to communicate, track, and enforce violations alone. PayHOA’s comprehensive HOA management software assists you from the beginning of the process to the end. 

Homeowners can log in to their portal via the PayHOA system and view the bylaws at any time, reviewing the specific rules of the HOA before embarking on home improvement projects. 

HOA management can use the platform to track violations ascribed to specific residents and update the resolution process. The software can send warnings, making them feel less personal to the resident when coming from the third-party software.

If a violation ends with a fine, the homeowner can quickly pay the fine using PayHOA’s secure online payment system. The resolved issue will be updated in the system for both HOA management and the resident to see, preventing arguments about whether a fine was paid. 

PayHOA is designed with HOAs in mind, and our team will support you through the good, the bad, and the ugly. Give us a call today to try our software risk-free for 30 days and see how it can make HOA management easier than ever.

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PayHOA offers an HOA management software solution for HOAs of any size or managerial priorities. To find out if PayHOA fits all your HOA management needs, try our software free for 30 days.