Maintaining property values and creating a peaceful neighborhood are two benefits of living in a community run by a Homeowners Association (HOA). What occurs, though, if the HOA fails to adhere to its rules?

This might be a concerning issue since the property values of every community member may suffer if the HOA violates its CC&Rs. Selective implementation of these restrictions by the HOA may also raise concerns about preferring some neighbors over others or illegally discriminating against them. It is important to think about specific steps you might take in the case that your HOA fails to meet its obligations. To get the exact advice and real estate legal assistance you require, get in touch with an Olympia real estate attorney. 

Steps to take if HOA is not imposing its rules

Here are some steps you can take to learn more about your potential options

• Review the HOA’s records.

A thorough review of the governing documents is the first step in dealing with an issue where the HOA is not implementing its rules. These could consist of the bylaws, the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), and any other related laws. Learn the rules and regulations that the homeowners association is required to create and enforce.

• Violations of Documents

Violations should be documented as proof of the HOA’s inaction. Make detailed records of the infractions, including dates and times, and document them with pictures and videos. The evidence may be helpful when speaking with the HOA board members about the issue or when looking for legal representation.

• Get in touch with the HOA Board.

It is essential to have open lines of contact with the HOA board members. A written complaint outlining the violations and asking for action is an ideal place to start. The original of the complaint should be retained for your records.

Consider going to a HOA board meeting to freely voice your concerns if the board does not effectively react to or handle the matter. You should seek legal advice from a lawyer if challenging the board on the record is unsuccessful or worsens the situation.

• Seek Mediation

Mediation may be a helpful next step if speaking with the HOA board directly fails to succeed. Through mediation, an unbiased third person helps you and the HOA have conversations. Sometimes, this procedure results in an agreement without the need for legal action. Before taking legal action, find out if mediation is required by consulting your HOA’s governing documents.

• Legal action

Legal action might be required to make sure the HOA carries out its duties. To learn more about your rights and options, speak with an experienced lawyer who can help with HOA disputes. They can help you negotiate the legal system, including, if required, bringing a lawsuit.

Tips on Implementing HOA Policies and Procedures

Board members must understand what is considered a reasonable penalty for violating the HOA. Understanding what counts as a particular violation is essential because not all violations become equal. Here are a few guidelines for maintaining HOA policies. 

• Issue a warning

A minor violation could be an honest error. Therefore, give a warning first rather than instantly enforcing repercussions. The written warning should contain the specifics of the infraction, such as parking in an undesignated place or hosting an extremely noisy party. 

• Impose fines

Fines are the next step if a homeowner keeps breaking the HOA’s rules or policies. Since no one enjoys being penalized for their own actions, monetary penalties can be an effective way to prevent future violations. It is crucial to make sure the fine is appropriate, though—not too high nor too low to influence behavior. 

• Suspend Rights and Privileges

Residents of HOAs have access to a variety of facilities and services, including parks, swimming pools, and other common areas. Additionally, homeowners have the opportunity to vote in local elections. A homeowner’s rights and privileges may need to be terminated if fines are unsuccessful and they continue to break the HOA’s rules and regulations. 

• Place a Lien

The HOA may be forced to put a lien on a homeowner’s property in serious situations, such as when they repeatedly neglect to pay penalties or assessments. If the loan remains unpaid for a specific amount of time, a lien—a legal claim against the property—may result in foreclosure.