Homeowners Associations (HOAs) are tasked with maintaining the aesthetic appeal and property values of their communities. One way they achieve this is by enforcing architectural guidelines. That said, when a homeowner violates architectural rules, HOAs will need to implement a mix of diplomacy, adherence to the law, and fairness. Read this blog and reach out to our seasoned Florida condo and homeowner association attorneys to learn about how HOAs can address violations effectively while preserving harmony in the neighborhood. Here are some of the questions you may have:
What Are Architectural Rules and Why Are They Important?
Architectural guidelines outline the standards homeowners must follow when making changes to their properties, such as painting their house, installing fences, or constructing additions. These rules are typically established to preserve the community’s overall look and feel, protect property values, and ensure safety.
For example, an HOA might require homeowners to use specific paint colors or restrict the height of fences. When a homeowner disregards these guidelines, it can disrupt the community’s harmony and create friction among neighbors. This is why enforcing these rules is a critical responsibility for HOA boards.
How Should HOAs Address a Violation When It Occurs?
When an architectural rule is violated, the HOA must act quickly but thoughtfully. Here are some of the most important steps to follow:
- Verify the Violation: Before taking action, the board should ensure the alleged violation genuinely exists. Sometimes, what seems like a violation may simply be a misunderstanding of the guidelines. Conducting a site visit and reviewing the rules can clarify the situation.
- Communicate with the Homeowner: The next step is to notify the homeowner of the issue. A polite, detailed letter or email is often the best way to initiate this conversation. It’s important to specify the nature of the violation, the section of the guidelines that has been breached, and the expected resolution. Providing a timeline for compliance and offering to discuss the matter can help foster cooperation.
- Offer Solutions or Compromises: In some cases, the homeowner may not have intentionally broken the rules. Perhaps they didn’t realize approval was needed, or they misunderstood the process. Offering solutions or compromises, such as repainting a non-compliant color or retroactively submitting plans for approval, can show good faith on the board’s part.
- Escalate If Necessary: If the homeowner refuses to comply, the HOA may need to take further steps. This could include imposing fines, restricting access to community amenities, or pursuing legal action. However, escalation should always be a last resort. HOAs should ensure they are acting within the authority granted by their governing documents and Florida law to avoid potential lawsuits.
If you have further questions or wish to speak with a seasoned Florida legal team, please don’t hesitate to contact Ansbacher Law today.
