It's a sunny Monday morning, and your HOA board has just received yet another email about a resident's overgrown lawn - third time this month. Meanwhile, another complaint rolls in about a car perpetually parked in a fire lane. Both are frustrating, but they're not the same.
As an HOA board member, understanding the difference between repeat violations and continuing issues isn't just helpful - it's essential.
Let's go through what to understand about HOA violations.
What Are Repeat Violations?
Repeat violations occur when a homeowner breaches the same HOA rule more than once, with periods of compliance in between. Unlike a single, ongoing infraction, these violations are treated as separate incidents.
For HOA boards, understanding and addressing repeat violations requires clear documentation and a fair, consistent approach. Property managers can help you navigate this process.
How HOAs Handle Repeat Violations
The first step is typically issuing a formal warning or notice after the initial violation. This notice should clearly outline the nature of the offense, reference the specific rule that has been broken, and provide guidance on how to remedy the situation. Once the homeowner corrects the issue, the HOA should document the resolution in case the violation reoccurs.
If the same rule is violated again, HOA violation penalties are often implemented. These may include monetary fines. Some HOAs adopt a tiered approach. This structure incentivizes compliance and deters repeated misconduct.
Consistent documentation and record-keeping are critical for repeat violations impact. Each:
- Incident
- Communication
- Resolution
Must be thoroughly logged. This not only ensures a clear timeline of events but also protects the HOA from potential disputes or legal challenges.
What Are Continuing Violations?
Continuing violations occur when a homeowner remains out of compliance with an HOA rule or regulation for an extended period without addressing the issue. Unlike repeat violations, which involve multiple separate infractions with periods of compliance in between, continuing violations represent a single, ongoing issue.
Examples of continuing violations include leaving an unapproved structure, such as a shed or fence, on the property despite receiving notice. Maintenance violations might also be involved, like failing to correct peeling paint on a home after being informed of the requirement. These infractions persist over time because the homeowner does not take corrective action within the specified timeframe.
HOA Compliance Guidelines: Handling Continuing Violations
With continuing violations, the focus is on resolution rather than documenting multiple infractions. When a homeowner fails to address a persistent issue, the HOA must prioritize clear communication and enforce measures that encourage compliance.
Unlike repeat violations, which often escalate through tiered fines for each new offense, continuing violations frequently involve recurring penalties until the issue is resolved. This approach emphasizes urgency. These recurring penalties are often more effective for addressing ongoing infractions.
HOA Violations: Succeed Today
There's a lot to understand about HOA violations. With this guide, you should have an easier time protecting your community.
Are you ready to hire Nashville association management? At PMI Whiskey Trail, we're dedicated to making HOA management simpler and more transparent for boards and homeowners alike. With the backing of the nation's leading property management franchise and cutting-edge technology, we help you tackle HOA violations - whether they're repeat or continuing issues - with our HOA enforcement strategies.
Contact us to get started.
