What happens when you fail to follow HOA regulations? To help you navigate this situation, here are 7 steps on how to handle HOA violations effectively and efficiently.
Main Takeaways
- Understand & Document: Carefully read the HOA violation notice and your HOA’s rules (CC&Rs), then document all relevant details with photos, videos, and communication logs. In Texas, note that the power to levy fines must be explicitly granted in your HOA’s governing documents (CC&Rs or bylaws), and the HOA must have an enforcement policy in place.
- Communicate & Appeal: Politely contact the HOA to discuss or appeal the HOA violation if you disagree, providing evidence to support your case. Texas Property Code Section 209.006 grants homeowners the right to a hearing before the board if they dispute a violation, especially before fines are imposed.
- Resolve or Seek Legal Help: If you are in violation, promptly fix the issue; if the dispute persists or involves significant consequences, consider consulting an attorney.
1. Read the HOA Violation Notice Carefully
As a top provider of San Antonio property management services, we can tell you from our experience that when the HOA finds you in violation of a community regulation or policy, they typically will send you a notice. First things first, you should comb through each and every line carefully. In Texas, per Property Code Section 209.006, the notice must describe the violation, state any proposed fine or other enforcement action, and inform you of your right to request a hearing.
Depending on the severity of your offense and whether you have previous violations or not, the HOA may give you a one-time warning before sending an outright violation notice. If it’s just a warning, the HOA is giving you the chance to stop whatever it is that you’re in violation of. You can right your wrong before it leads to fines or penalties.
If they do send out a violation notice, this should outline the details of your HOA violation and the accompanying penalties that you received. It should also specify the fees, charges, and steps that you need to take to amend the situation. For “curable” violations (those that can be fixed, like an unkempt lawn), Texas law generally requires the HOA to give you a reasonable period to cure the violation before imposing a fine. The notice should specify this date.
2. Review the HOA Rules (CC&Rs)
If you believe you’re not in violation of any rules, you need to go through your HOA’s CC&Rs (covenants, conditions, and restrictions). Essentially, these outline the established rules and regulations within the community. This can help you make sure there was nothing you did, even if it was purely by accident.
Then, if you still plan to dispute the HOA violation notice, you need to review the specifics of your supposed violation. Break it down and trace exactly where you might have inadvertently made a mistake. Aside from that, look to see details on your rights and your potential grounds for appeal. This way, you know what your steps forward could look like.
3. Document Everything
To best support your case, it’s essential that you document everything that transpired the moment that you get the HOA violation notice. First, keep a copy of the notice that the HOA sent you. Then, document everything you believe is relevant to the issue at hand. Take photos and videos of your supposed violation (or the lack thereof) and note the time and date of every phone call, email, and meeting, particularly. These will all be instrumental in your appeal.
4. Contact the HOA Politely
After you’ve prepared, the next step is to approach your HOA board and tell them you plan to appeal the violation.
When you do, it’s critical for you to stay respectful, calm, and collected. Even if you feel that the HOA has wronged you, still try to keep your cool throughout the deliberation process. Coming in with an overly aggressive approach can do more harm than good. It will put the HOA on the offensive. In turn, that will make it harder for them to hear you out with a fully open mind.
5. Appeal the HOA Violation (If You Disagree)
Once you’ve set the motion to appeal, your case will go through deliberation. In Texas, you have a statutory right to a hearing before the board or a designated committee if you request it within 30 days of receiving the violation notice. This hearing is your opportunity to present your case and evidence.
For example, think about one of the most common HOA violations. Let’s say you’re appealing an HOA notice that your lawn doesn’t meet their standards for landscaping. In the deliberation process, you likely would be asked to provide visual proof that your property does follow these standards. Also, if applicable, you would point out how their verdict doesn’t line up with their CC&R.
Depending on the issue and HOA policies, this step may involve several meetings and a lengthy verification process. But you have to be patient if you want to see your violation be overturned.
6. Fix the Issue (If You’re in the Wrong)
Now, what if you did violate HOA policies? If you’ve gone through the lengths to appeal the HOA violation, the committee still held its decision, and you did make a mistake, you likely should just fix the problem. It’s definitely unsatisfying, but there may not be much you can do about it.
It’s also important to know that in Texas, an HOA typically cannot enter your property to fix a violation themselves (“self-help remedies”) unless this power is explicitly granted in the governing documents (CC&Rs) and the parties involve follow specific procedures. So, keep that in mind, too.
7. Get Legal Help If Needed
If you’re at a crossroads and feel like a perfectly valid appeal is not going anywhere, or the HOA is pressuring you with heftier fines or penalties, an attorney may be your best bet. They have the in-depth knowledge of state property laws you need.
However, it’s important to note that HOAs have different policies, regulations, and enforcement practices. This can make HOA violation disputes incredibly complex. If you find yourself in a dire situation against your community’s HOA, you should rely on a legal expert to help you navigate it.
Let Our Experts Help You Navigate HOAs Today
Needless to say, being in a HOA-governed community has its pros and cons (like HOA fees and needing HOA insurance). And when it does get hard to handle, you’re not alone: Bay Management Group can help.
As one of the leading home rental management companies in the San Antonio area, we know how challenging HOA-related issues can be for homeowners like you. That’s why we can serve as a middleman between you and your HOA. We can advocate for you, help handle disputes on your behalf, make sure you comply with HOA policies to prevent HOA violations in the first place, and more. Connect with us to learn more about our services!