How to handle deed restriction violations

On Behalf of | Jul 19, 2023 | Property Owners Association Law

Being a manager or board member of a homeowners association (HOA) can be a uniquely fulfilling and rewarding experience. Ensuring properties are maintained and deed restrictions are followed can benefit communities by increasing safety and home values. However, as a manager, part of your responsibilities includes enforcing the guidelines, as only some homeowners will immediately or willfully abide by them. By keeping these three tips in mind, HOA managers can increase the likelihood that property owners will adhere to the guidelines and correctly handle a situation where a deed restriction was violated.

Don’t wait to resolve violations

After noticing that a homeowner is in violation of the association’s code of conduct, it is best to notify them immediately. Doing so will prevent the property owner from believing that they are above the community guidelines. Additionally, taking prompt action will let other owners know that the code of conduct is not arbitrary.

Be cordial

Naturally, some homeowners may be weary of board members or HOA managers as they can be seen as figures of authority. Because of this, it is imperative that you maintain a cordial demeanor while conversing about a potential violation. Taking a kind approach in this situation will allow you to resolve the matter without any animosity. Furthermore, the property owner will believe that you are on their side instead of being against them. This will more than likely lead to fewer infractions in the future.

Incentivize compliance

Homeowners may be more likely to ignore or disobey an association’s guidelines if they do not see any value in them. To show the importance of the community’s code of conduct, board members and managers can compare the average home value of properties in the association to similar real estate properties in the area. This will show the owner that the guidelines serve a purpose and bring value to the community.

Managers and board members are a vital and necessary part of a homeowners association. The value of ensuring that homes are properly maintained and are consistently increasing in worth cannot be overstated. Along with these duties comes the responsibility of enforcing deed violations, which can often be challenging. If you have exhausted every option, it may be time to contact an attorney to take legal action.