While some homeowners associations are strict, others struggle with the problem of the HOA not enforcing rules. There are also those that do enforce rules but struggle to enforce them consistently. Both scenarios can lead to a number of potential issues, both in the legal sense and in terms of long-term stability.
HOA Not Enforcing Rules: Understanding Board Duties
A homeowners association has certain obligations to its community, carried out by its representatives: the HOA board. Board members should review their governing documents to understand their exact duties. That said, these responsibilities typically cover the following:
- Acting within the best interests of the association
- Maintaining the common areas and elements
- Collecting dues from homeowners
- Managing association funds
- Enforcing the rules in a fair and reasonable manner
Rule enforcement is a big part of board duties. Homeowners must abide by the community’s rules, which can range from parking rules and pet policies to rental restrictions and architectural standards. The association at large can suffer from great consequences by the HOA not enforcing covenants.
What Happens When HOA Rules are Not Enforced?
Rules keep an HOA community in order. These rules not only regulate resident behavior and conduct but also exist to maintain a certain standard within the neighborhood.
When an HOA fails to enforce its rules, it can lead to a domino effect. Homeowners will start to ignore the rules completely and do whatever they want.
Soon enough, they will neglect property maintenance, amenity upkeep, and other regulations. Nuisances will go unresolved, streets will become littered with trash and abandoned vehicles, and trees and bushes will turn overgrown.
All of these combined will cause curb appeal to suffer. With the homeowners association not enforcing rules, property values will undoubtedly start to decline as well. In the end, the neighborhood will fail to attract new residents and drive away existing owners.
What the HOA Board Should Do
Board members may not know what to do when their HOA has not been enforcing the rules in a long time. That said, it’s not impossible to get back on the right track. With an HOA not following bylaws and enforcing the rules, here’s what the board can do.
Educate and Begin Enforcement
If the HOA is not enforcing rules, homeowners might start ignoring them altogether. Over time, homeowners will get used to the new normal and believe that the rules don’t exist anymore.
When the board starts enforcing the rules again, homeowners will understandably question the sudden action. To smooth this over, the board should make sure to educate homeowners again.
Distribute copies of the community rules and inform residents that enforcement will resume. Outline the potential penalties for failing to adhere to the rules.
Board members should prepare for an adjustment period. They should expect that it will take time for residents to settle in. The HOA board should send warning letters and give owners a chance to remedy their violations.
Amend Governing Documents
Sometimes, enforcement problems stem from a lack of authority. In such cases, the HOA board should consider amending the governing documents to give them the power to enforce the rules.
Amendments can be time-consuming and exhausting, especially since they often require a vote from the membership. It might also require the help of a lawyer to draft the amendment and ensure alignment with state laws. Yet, going through the process is well worth it in the end.
Hire an HOA Management Company
Board members are just volunteer homeowners, so they don’t always have the time or expertise to enforce rules. If the HOA not enforcing rules is a problem, it may help to hire an HOA management company.
An HOA management company can assist with sending violation notices, conducting inspections, and investigating violation reports. The company can also schedule disciplinary hearings, oversee the appeals process, and follow through with penalties (if any).
What Happens When HOA Not Enforcing Rules Equally?
The HOA and its board have a duty to enforce the rules in a fair, uniform, and consistent manner. When it fails to do this, it’s often referred to as HOA selective enforcement.
Here are the most common scenarios of selective enforcement:
- Board members or their friends are not penalized for rule violations, while others are held strictly accountable.
- Some homeowners receive violation notices for common infractions, while others committing the same violations receive no notice at all.
- Certain homeowners get fast approvals for exterior changes, while others with similar requests are denied or delayed without explanation.
- The HOA inspects some homes or sections of the community more frequently than others, leading to patterns of unfair HOA rule enforcement.
- Rules about noise, pets, or rental restrictions are enforced for specific residents but overlooked for others.
- Some residents are fined immediately for violations, while others receive multiple warnings or no consequences at all.
When an HOA enforces the rules selectively, homeowners lose trust in the board. The HOA board also loses its credibility. In some cases, selective enforcement can even render the rules void and unenforceable.
Homeowners might even stop complying with the rules altogether when they see selective enforcement. This makes it harder for the board to enforce rules in the future.
Can I Sue my HOA for Selective Enforcement?
It is normal for homeowners to grow frustrated with their HOA when it comes to rule enforcement. Some even wonder if they can sue HOA for not enforcing rules consistently.
Yes, selective enforcement can open the HOA to lawsuits. Homeowners may sue the board for discrimination or breach of fiduciary duty. Courts often rule in favor of homeowners if there is proof of selective enforcement.
HOA Not Enforcing Rules: Advice for Homeowners
Competent board members won’t let a lack of enforcement continue. But, sometimes, the board might simply be unaware of their shortcomings and require a push in the right direction.
What if HOA doesn’t enforce rules? Here are some things homeowners can do:
- Participate in Open Forums. Homeowners should attend board meetings and raise their concerns during the open forum. Many HOAs are required to hold open board meetings and take comments from attendees. In Illinois, 765 ILCS 160/1-40 requires both.
- Remove Board Members. If certain board members are the problem, homeowners should consider removing them according to the governing documents.
- Join the HOA Board. Homeowners who wish to make a difference should think about serving on the board themselves. Volunteering their time for the community can lead to real change.
HOA Not Enforcing Rules? Solved!
Board members have a duty to enforce the rules of the association. When there is a lack of enforcement, both board members and homeowners have available options for resolution. As for selective enforcement, the HOA board should avoid it at all costs.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
