Covenants, conditions, and restrictions (CC&Rs) govern what homeowners can and cannot do with their property, impose fines and fees, and regulate various other aspects of community life. If someone repeatedly breaks these rules, a lawyer can help you resolve the issue.
An attorney can begin by contacting the homeowner. Demand letters for overdue fees or fines, warnings, and legal notices regarding formal legal action should be handled by an attorney. The HOA’s attorney may assist in assessing penalties, such as escalating fines or restricting privileges. In more serious cases, formal legal action may be required, and a lawyer can help file lawsuits, get injunctions, or pursue other legal options.
Contact our HOA attorneys for boards and communities to request a private case evaluation by calling Halk, Oetinger and Brown, PLLC at (602) 759-9205.
Contacting Repeat Offenders Through the HOA’s Lawyer
HOAs will often reach out to homeowners about breaches of covenants. If homeowners continue to break the rules, the HOA’s lawyer should reach out to the homeowner.
Demand Letters
If the homeowner repeatedly fails to pay fees or fines, the HOA’s attorney may issue a demand letter to the homeowner. The letter should describe the amount owed and when it should be paid. The letter should also explain that if the debt is not paid soon, more formal legal action will follow.
Formal Legal Warnings
Even if a homeowner does not owe money to the HOA, they may repeatedly violate other covenants. In such cases, a formal warning letter from a lawyer should be issued. The letter should describe how the homeowner’s behavior violates the association’s covenants, conditions, and restrictions.
The letter should also explain that if the behavior does not change, more serious legal action will follow. It may be helpful to include information about potential legal action and possible penalties. Sometimes, a warning letter from our HOA attorneys for boards and communities can help resolve the issue, and HOAs will not need to escalate the matter any further.
Serving Notice of Formal Legal Action
If notices and letters from the HOA’s lawyer go unheeded, further legal action may be necessary. In such cases, your attorney should serve official notice of such action to the homeowner. Your lawyer should know the proper way to serve notice, as it may be strictly governed by local or state laws and court rules.
HOA Warnings and Informal Actions for Repeat Covenant Violations?
Below are some examples of somewhat less formal actions an HOA may take against a homeowner who repeatedly violates the association’s rules.
Escalating Fines
It may be possible to assess escalating fines against a homeowner who continues to break the rules. Escalating fines increase for each violation. For example, a noise violation may lead to a $100 fine. A second violation within a certain period may lead to a $200 fine. A third violation may be a $300 fine, and so on.
Suspending Privileges
Many HOA’s provide amenities for the community, such as community pools, gyms, or clubhouses. When a community member repeatedly violates the rules and is not in good standing with the HOA, their access to these amenities may be restricted until they comply with the rules.
Disciplinary Hearings
In some cases, an HOA may arrange disciplinary hearings where the homeowner may appear and speak on their own behalf. Such hearings may be used to decide how to resolve the situation, whether penalties should be imposed, and where the HOA goes from there.
Taking Formal Legal Action for Repeat Covenant Violations
If all else fails, the HOA’s attorney can take the matter to court and seek more formal legal action against repeat rule breakers.
Injunctions
The HOA’s attorney may seek an injunction to stop a homeowner from doing something that violates the association’s rules and restrictions. This is common when a homeowner begins construction to modify the exterior of their home in a way prohibited by the association’s rules.
An injunction may be a temporary order to stop immediate harm while the case is litigated. An injunction might instead be permanent, and the homeowner can never resume construction.
Liens
When a homeowner owes a significant amount of money to the HOA or is delinquent with payment for too long, the HOA may be able to place a lien on the homeowner’s property. The lien clouds the title to the property, making it almost impossible to sell. The lien may be removed once the debt is paid.
Foreclosures
If the HOA has a lien on the homeowner’s property, it may foreclose on the property. This is often done when a homeowner either cannot or will not pay the fines and fees association with rule violations. Although this is a severe measure, it may help the HOA recover the money owed to it, and the homeowner may no longer be part of the community.
Lawsuits
In other cases, the HOA can sue a homeowner for repeated rule violations. Such violations may include unpaid fees or fines, damage to community property, or refusal to comply with property restrictions.
FAQs About How HOA Boards Should Deal with Repeat Covenant Violations
When Should an HOA Seek Legal Help for Repeat Covenant Violations?
If your HOA is having a problem with homeowners repeatedly breaking the rules, you should contact a lawyer as soon as possible. The earlier you take legal action to resolve the situation, the better.
Can an HOA Send Warnings to Repeat Rule Breakers?
Yes. Before trying to initiate more formal, serious legal action, you should have the HOA’s lawyer send a letter to the offending homeowner. This might be a demand letter for unpaid debts or a warning letter about the possibility of serious legal action and penalties.
What Formal Legal Action Can an HOA Take to Resolve Repeated Covenant Violations?
An HOA, with help from a lawyer, may file for injunctions, place liens on homeowners’ property, foreclose property after placing a lien, or sue homeowners in court for repeatedly violating HOA covenants.
Can an HOA Sue a Homeowner for Breaking the Rules Repeatedly?
Yes. Repeated rule violations will likely come with numerous fines. If the fines go unpaid, the HOA can sue the homeowner to make them pay and stop breaking the rules. An HOA may also sue if a homeowner damages community property or violates property restrictions.
Ask Our HOA Lawyers for Boards and Communities for Legal Help Today
Contact our HOA attorneys for boards and communities to request a private case evaluation by calling Halk, Oetinger and Brown, PLLC at (602) 759-9205.
