Homeowners’ Association not enforcing rules? Here’s what to do.
When you live in a homeowners’ association, you agree to uphold all the rules that go along with living there. The reason an HOA has rules is to ensure proper order and a smooth running of the community. Without these rules, everyone would be free to do as they please, which can lead to issues. But what about when you find your homeowners’ association not enforcing rules? Here we outline some simple solutions for homeowners to get an HOA back on track.
Address concerns during open forum
Every board meeting allows for anyone in the community to speak on a matter during an open forum at the end. In preparation, document examples of the homeowners’ association not enforcing rules. Be ready to explain the impact of the association’s actions on the community, and how it is detrimental to homeowners. Addressing the concern during open forum also gives other homeowners the opportunity to voice their agreements. Encourage other homeowners who agree with you to attend.
Recommend an HOA management company
A community property management company can save a board time, stress, and money. Property management companies exist to enforce the rules and help HOAs navigate administrative tasks. Typically, a full-service property management company
“is responsible for adhering to and enforcing the HOA’s policies, communicating effectively with the board, handling day-to-day operations, and performing ongoing maintenance for common areas.”
Of course, there must be money in the HOA’s budget in order to hire a management company. While this solution is ideal for communities with a bit of expendable income, full service property management companies can get an association out of debt, too.
Remove a Board of Directors member
In some cases, a board member may be to blame for the lack of enforcing rules, or enforcing the rules inconsistently. Unfortunately, some board members do not follow their code of ethics, and fail to consistently enforce the rules of the community. There are various ways a member could be failing to uphold rules, including conflict of interest, laziness, or possibly even accepting bribes from a violating homeowner.
Homeowners have the right to submit a call that the board member be removed. However, removing a director requires:
- governing documents
- an assessment of the applicable state laws
- possibly assistance from an experienced attorney