4 common restriction violations and how to address them

On Behalf of | Jul 16, 2024 | Property Owners Association Law

Living in a planned community offers benefits, but it also means following deed restrictions. These rules, unique to each community, help maintain property values and ensure a harmonious living environment.

As a board member of the homeowners association (HOA), you volunteer your time and effort to maintain your community’s peace and property values. A large part of your duty involves addressing violations to community regulations. While it can feel like a daunting task, clear communication and fair enforcement are key to resolving issues effectively.

Here are four common restriction violations and steps to address them:

Parking problems

Unauthorized parking is a frequent issue in many communities. To address this, provide regular reminders to residents. Often, residents are simply unaware of specific rules.

Implement a progressed warning system to respond to violations. This can include penalties that align with your community’s governing documents.

Pet policies

Noise complaints and improper waste disposal often stem from our furry friends. Encourage responsible pet ownership by designating dog park areas and providing waste stations.

For persistent violations, consider issuing warnings, followed by fines if necessary. Ensure that your actions are consistent with the Texas Property Code and your community’s specific pet policies.

Architectural modifications

Exterior changes that are not allowed, like painting or additions, often cause disputes. To address this, communicate the approval process and maintain accessible records of approved designs and colors.

Respond to violations by discussing options for rectification while adhering to your community’s covenants, conditions, and restrictions (CC&Rs).

Noise complaints

Loud music, late-night gatherings and excessive noise can disrupt peaceful living. To address noise violations, publish clear guidelines on acceptable noise levels and quiet hours. Implement an anonymous complaint system and encourage open communication and mediation whenever possible.

Remember: Fairness is key

Enforcement should always prioritize fairness, transparency and consistency. While these steps offer a framework, seeking legal help for complex situations ensures that you act in accordance with Texas law. By following these guidelines, you can maintain a pleasant and well-maintained community that benefits all residents.