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Defending common area use policies: A guide for HOAs

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Posted by Porter Law Firm | Feb 6, 2025 | Property Owners Association Law

As a homeowners association (HOA) representative, you play a significant role in creating and upholding policies for common area use. Since residents share these spaces, rules are crucial for maintaining order and fairness in the community.

When homeowners question these rules, you must be prepared to defend them confidently. Here are a few ways to do this:

Communicate clearly

Clear communication is essential. One effective way is to regularly remind homeowners of the HOA rules and policies and its purpose. Make these policies accessible through newsletters, meetings and online platforms.

Being transparent about why the policies exist can help avoid unnecessary disputes. When homeowners understand the reasoning behind decisions, they may be less likely to challenge them.

Enforce rules consistently

Consistency in applying rules is crucial. Inconsistency in enforcing rules may lead to claims of unfair targeting.

To maintain fairness, treat all residents equally and document every action you take. If a homeowner violates a policy, be ready to explain the reasoning behind the enforcement. This can help you defend your decisions if they question you later.

Know how and when to respond to complaints

Homeowners may complain about certain policies or their enforcement. When this happens, listen carefully. Explain the policy’s purpose and how it benefits the community.

If a homeowner feels you have not addressed their complaints, they might opt to escalate the matter. In this case, it may help to follow your HOA’s formal process for resolving disputes and demonstrate that you take their concerns seriously.

Consider legal assistance

If homeowners take legal action against you or the HOA, keeping and presenting comprehensive records may aid your defense. Document discussions, complaints and decisions related to the policies being questioned.

As an HOA representative, establishing and defending common area use policies when questioned requires fairness, transparency and preparedness. By understanding where homeowners are coming from and exercising clear communication, you may help maintain harmony within the community.

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Porter Law Firm
Houston Office
2603 Augusta Dr, Ste 900
Houston, TX 77057

Phone 713-621-0700

View Map
Austin Office
5000 Plaza on the Lake, Ste 305
Austin, TX 78746

Phone (512) 381-1577

View Map

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