According to the Foundation for Community Association Research, there are more than 358,000 U.S. neighborhoods managed by a homeowners association (HOA). The growing popularity of HOAs has much to do with the many benefits they afford, including safe, pleasant neighborhoods and home value retention.
To achieve this, HOAs must have community rules and standards. When residents violate them, it is up to the HOA board to respond.
This article explains the differences between HOA repeat violations and continuing violations. Keep reading to find out which may apply to your circumstances.
What Are HOA Repeat Violations?
HOA repeat violations refer to instances where residents habitually break the same HOA rule or community standard within a short period. Good examples are failing to mow their lawn or clean up after their pets, even after one or more violations and subsequent penalty.
What Are HOA Continuing Violations?
Continuing violations refer to situations of persistent non-compliance with HOA rules for an extended period. Examples include utter neglect for their lawn or property, or failure to adhere to architectural standards or guidelines.
Why Is This Distinction Important?
The differences between repeat and continuing violations are important because they warrant unique responses. In general, a repeat violation does not need an immediate remedy. Using the examples above, the lawn eventually gets mowed and the pet is cleaned up after, until a subsequent violation.
A continuing violation needs a remedy. A homeowner who paints their house the wrong color or erects a deck or gazebo without approval is in a continual state of violation.
How To Address Repeat and Continual Violations?
The most important thing is how the HOA board responds to each of these two types of infractions. In most cases, fines are adequate for curbing repeat violations.
For instance, the HOA might levy one each time the resident neglects to clean up after their dog or lets their yard get out of hand. If fines do not fix the situation, then legal action may be necessary.
Continuing violations are more complex and could involve more severe consequences. For instance, if the homeowner fails to repaint their house or seek subsequent approval for a structural improvement, the HOA could start by levying fines. If the infraction persists, the HOA may be able to put a lien on the home or take other legal action.
The important thing in both these scenarios is to communicate with the homeowner. It is important to make clear the violation and the penalties. Even if a warning or fine solves the problem, it is good to have a paper trail should further action becomes required.
Learn More About HOA Management
HOA repeat violations and continuing violations can be difficult to deal with. Hiring a property management company can alleviate the work and stress of doing so. They can stay on top of neighborhood violations and ensure appropriate action is taken to address them.
PMI Bayou City is a comprehensive professional property management company serving the Houston metropolitan area. We offer a variety of administrative and landlord services, including tenant screening and HOA management, and pride ourselves on effective communication, honesty, and integrity. Reach out to us today to learn more about property and tenant management.
