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18 Jun
How Can Homeowners Associations Manage Violations and Uphold Community Standards?
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How Can Homeowners Associations Manage Violations and Uphold Community Standards?

Homeowner Associations (HOAs) must have a manager who takes charge of dealing with violations, which is the most important duty. Homeowners who are members of an HOA are your clients as the manager, and they depend on you to keep their community safe and peaceful. Dealing with HOA violations is unenjoyable, and you, as the manager, should know how to handle HOA violations and enforce community rules in the best ways possible.

The methods below outline how to handle HOA violations.

1. Provide Clear HOA Rules for Everyone

One way of resolving HOA violations is to ensure that all rules are clear for all residents. When the rules are clear, the residents understand and have no excuse for violating any of them. Many HOA violations are a direct result of sheer innocence. For example, some violate landscaping rules, occupy another person’s guest parking, and bypass other community guidelines because the rules concerning these aspects are unclear.

2. Use Warnings More Than Punishment

There are a variety of rules that govern HOA, and these rules are supposed to create a peaceful community. Naturally, violators of these rules are essentially disrupting the peace of the entire community, and they deserve some consequences. However, not all violators should be punished, as some violations might require only warnings. If a homeowner violates community pool regulations, it would be best to issue a warning to the violator and ensure that they understand why their actions violated community rules. If the violator breaks the rules a second time, you then issue them with a written warning.

3. Reduce a Resident’s Access to Community Privileges

Sometimes, verbal and written warnings used to handle HOA violations may fail to ensure peaceful coexistence among community members. When that happens, it might be advisable to revoke a violator’s access to community privileges and shared spaces.

4. Use Monetary Citations

As the HOA manager, you have a wide range of ways to fight HOA violations. If you have tried all types of warnings and you have given the three strikes, it might be time to use monetary citations. Still, you should work with the HOA board to decide on the fee to be paid for a certain type of violation.

We Can Help You Enforce HOA Rules and Handle Violations

HOA rules are designed to provide structure and peaceful coexistence in a community of homeowners. The methods outlined above can give you the best results. Still, our experts at Enforcer Pros are ready to help you with covenant enforcement in Georgia.

18 Jun
Comparing Resident Scores and Typical Credit Scores
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Comparing Resident Scores and Typical Credit Scores

Before you can become a new tenant, your landlord usually assesses your capability to honor all agreements pertaining to the use of their rental property. For every landlord, protecting their rental income remains their primary consideration. More often than not, payment issues rank the highest among all the issues independent landlords have to deal with on a regular basis. It is even worse when they have to incur the cost of eviction due to non-payment.

In this article, we will discuss the workings of a ResidentScore vs. a typical credit score in tenant screening and explore the benefits of using ResidentScore over a credit score when making a leasing or rental decision.

What Is a Residentscore?

A ResidentScore is a scoring system designed for tenant screening. This type of screening is similar to a credit score, except that it uses the tenant’s credit information to establish their risk for evictions, late payments, and insufficient funds.

ResidentScore looks at the outcomes of a lease using data and analytics compiled by TransUnion, which has since collected rental results of more than 3.7 million individual cases across the United States. ResidentScore identifies crucial pieces of data that clearly identify problematic tenants from those who are less likely to cause any trouble for the landlord.

What Is a Typical Credit Score?

A typical credit score is a numeric representation that predicts an individual’s likelihood of making repayments. The numeric representations that form the credit score are used to rate a consumer’s ability to repay debt. Lenders use credit scores to determine if a consumer presents any risks of failing to make repayments. Often, an account indicating potential risks can be handled with terms suitable to handle the risks presented.

There are different ways to create a person’s credit score, but their payment history and the amount of money they owe are the two most significant factors that determine a credit score. Other factors include the type of credit and any new credit applications.

How ResidentScore Differs From a Typical Credit Score in Tenant Screening

Understanding ResidentScore vs. credit score in rental applications is crucial. Credit scores show a landlord if a tenant can pay off a loan, and it can be used in tenant screening. However, a ResidentScore delves deeper into a tenant’s repayment behavior by analyzing their performance as a tenant.

Specifically:

  • A ResidentScore is better because it utilizes 15% more evictions and 19% more repayment skips compared to a typical credit score.
  • A ResidentScore has more applicants with minimal files.
  • A ResidentScore is specifically designed to identify the likelihood of eviction.

Benefit More From ResidentScore

Remember, you can still use a typical credit score to evaluate a potential tenant’s financial behavior. However, you will complete a more accurate risk assessment with ResidentScore. If you need help screening potential residences or HOA rental restriction services in Florida, contact Enforcer Pros.

18 Jun
How to Implement Fair CC&R Enforcement Practices in an HOA
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How to Implement Fair CC&R Enforcement Practices in an HOA

Covenants, Conditions, and Restrictions (CC&Rs) define what the residents of a planned community can and cannot do with their property. CC&Rs are designed primarily to preserve the value of property within the planned community and an even greater value of making the area and the community a great place to live.

So, what happens when some HOA residents believe that the CC&Rs do not apply to them? Inevitably, the homeowner’s association steps in to enforce its rules.

In this article, we will explore how to educate homeowners about CC&Rs in an HOA.

Steps of Enforcing CC&Rs

If you want to succeed as an HOA manager, you must fully grasp how to enforce CC&Rs in an HOA community.

1. Start With a HOA Inspection

The first step in enforcing CC&Rs in an HOA community is to inspect the HOA property. As a HOA manager, it is also important to inspect different areas regularly to identify and record any potential violations.

2. Issue a Violation Notice

Regular inspections of common areas and even private property help you identify potential violations. If you determine that there is a violation in any of the properties, the first step in enforcing CC&Rs is to issue the violator with a violation notice. The notice offers the resident suggestions on how to resolve the matter.

3. Make a Follow-Up on the Violation Notice

In some instances, a violation notice leads to a complete resolution. However, some residents ignore the notification. As the HOA manager, you need to send follow-up notices. A follow-up notice should repeat the content you included in the first notification and add information about the potential steps you will take if the issue remains unresolved.

4. Convene an Administrative Hearing and Arbitration

When an HOA resident ignores the first violation notice and the follow-up notices, it is time to take matters to the board and request an administrative hearing and arbitration. The board will listen to the details of the issue and decide on the most suitable next action.

5. Take Legal Action Against the Resident

Naturally, litigation is an extreme way you can choose to enforce CC&Rs, but there are situations when HOA has no other choice but to go the legal way to resolve violations of its ordinances. The issue can be heard in court, and a formal judgment issued. More often than not, the court makes a ruling against the violator, but the court can also deem the violation impossible to impose.

If You Need Help

HOA managers understand that CC&Rs can impact property maintenance and modifications. The primary goal is to preserve the value of property in the area while still making it the best area to live in. If you are an HOA manager seeking a balance between these two issues, Enforcer Pros can help you with HOA covenant enforcement in Florida.

17 Jun
Tenant Screening and Credit Checks: Understanding the Differences
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Tenant Screening and Credit Checks: Understanding the Differences

Tenant screening essentially entails carrying out a background check on a potential tenant in a bid to select the best potential tenant from several others. Other landlords not only carry out tenant screening but also tenant credit checks, which include finding out as much as you can about a potential tenant’s financial information. It is every landlord’s nightmare to enter into an agreement with a tenant who fails to maintain their property, makes late payments, or disturbs other neighbors.

In this article, we intend to explore the difference between background checks and credit checks and show you which one can help you filter out these kinds of renters.

Tenant Screening

Tenant screening also goes with other titles, such as Rental Background Check and Tenant Background Check. Every one of these processes entails carrying out a detailed investigation of an applicant’s personal history, rental history, and criminal history. A person’s criminal record will show you if they are registered sex offenders, and their rental history will show you if they are serial defaulters of lease or rental agreements. Based on the information you get from Tenant Screening, you can then determine if the potential tenant’s character is suitable and reliable enough for you to sign a rental agreement with them.

Tenant Credit Check

The primary focus of a Tenant Credit Check is to find out as much information as possible about their financial history and creditworthiness. A tenant credit check will show you if a tenant has a positive credit score, outstanding debts, and all information about their payment history. The details of a tenant credit check serve as key indicators as to whether an applicant can afford your property, make timely payments, and if they pose an eviction risk.

Background Check vs. Credit Check: How Do They Differ?

A tenant screening focuses on the potential tenant’s history, and a report includes the following:

  • The tenant’s criminal history
  • The tenant’s rental history
  • The tenant’s employment and income verification
  • The tenant’s eviction history
  • The tenant’s verified identity to prevent identity theft and fraud

A tenant credit check is quite different, and it includes the following:

  • The tenant’s credit history
  • The tenant’s credit score
  • The tenant’s current debt status
  • The tenant’s past derogatory marks
  • Any vehicle repossessions

Need Expert Guidance on Tenant Screening?

As a landlord, it is paramount to conduct tenant screening and credit checks before you can let an individual rent or lease your property. If you are wondering whether to do a background check or a credit check, contact Enforcer Pros. We can help with tenant background screening in Florida.

23 Apr
What to Do If Your HOA Is Not Enforcing Rules?
Blog HOA

What to Do If Your HOA Is Not Enforcing Rules?

An HOA is a community-based organization comprising property owners living in a particular neighborhood. It consists of a board of directors elected from the community members. The entity performs various roles, including collecting annual fees for the upkeep and maintenance of common areas. Most importantly, it enacts and enforces rules and regulations to ensure the proper running of the community’s resources. However, the HOA board might sometimes be reluctant to implement these guidelines, leading to various consequences. This guide explains what happens when HOA rules aren’t enforced and what to do about it.

What Occurs When HOA Rules Are Not Enforced?

Failure of the board to enforce HOA rules can have dire consequences for the entire community. It can result in the misappropriation of resources, poor budgeting, and increased cases of fraud, denting the HOA’s financial health. It can also lead to delays in the approval of construction plans, hefty fines for late filing of tax returns, and poor maintenance of the community’s common areas.

Actions to Take If Your HOA Is Not Enforcing Rules

If an HOA is reluctant to enforce community rules defined in the governing documents, property owners can take drastic measures to compel the board to perform its responsibilities. Here is what to do if your HOA is not enforcing rules.

Schedule an HOA Meeting

Before taking any radical measures, consider scheduling a meeting. The directors might be ignoring the enforcement of specific rules because of a breakdown in communication. An official meeting might resolve pending issues and compel the board to enforce HOA rules.

Amend Governing Documents

The HOA might be hand-tied to enforce specific rules because of unclear guidelines in the governing documents. As such, some property owners might violate these rules because of existing loopholes. While amending governing documents may require a majority vote, members might approve the amendment if you have supporting evidence to strengthen your case.

Remove Corrupt or Incompetent Board Members

If your HOA is not enforcing rules, a board member might be sleeping on the job. In any case, the board comprises elected volunteers, meaning some members might be incompetent and not up to the task. You can seek the removal of a corrupt or inept board member through a unanimous vote.

Take Legal Action

If you’ve sought all avenues in vain, the last step is to take legal action. Any property owner can sue the HOA if it does not enforce community rules. The only concern is that lawsuits can be lengthy and expensive.

Seek Professional Help

Enforcer Pros can help ensure your HOA complies with your community’s governing documents. Contact us for reliable HOA covenant enforcement in Florida and the surrounding areas.

19 Apr
Group Of People Sitting Around A Table
Blog HOA

What Is the Role of an HOA Architectural Control Committee?

Homeowners residing in HOAs must comply with various architectural rules and regulations. These guidelines might seem stringent, but they are in the community’s best interests. For instance, you cannot construct a structure that contravenes the HOA’s planning regulations. Even if you are a property owner, you cannot do anything that degrades the uniformity and exterior appearance of other properties. Whether you want to renovate or modify your home to meet your style and preferences, you need approval from the HOA’s architectural control committee. This guide explains what an HOA architectural control committee does.

What Is an HOA Architectural Committee?

An HOA architectural committee is a group of elected officials within an HOA that reviews structural modifications within the community. If you reside in an HOA, you probably know that most, if not all, homes in the neighborhood have a uniform look and curb appeal. HOAs usually have an architectural committee that oversees development requests from property owners in the neighborhood. If you want to build a swimming pool, change the color of your walls, or add a fence to your property, you may have to submit a modification request to your HOA’s architectural committee for approval.

What Does an HOA Architectural Control Committee Do?

The architectural control committee’s primary role is to ensure all property owners adhere to architectural guidelines specified in the HOA’s governing documents. If you want to modify or renovate the exterior of your home, the changes must comply with the defined regulations. In any case, homeowners associations are planned developments that focus on uniformity, explaining why most properties in these communities look similar.

Other roles of an HOA architecture control committee include the following:

  • Evaluating architectural guidelines against governing documents
  • Reviewing, approving, or denying architectural modification requests
  • Informing members of the application process for architectural changes
  • Overseeing structural designs, placements, and requirements
  • Checking plumbing designs, interior flooring changes, and satellite dish placements
  • Monitoring alterations or modifications to landscaping specifications
  • Checking violations of architectural guidelines
  • Making architectural recommendations to the HOA’s board of directors

Enlist Professional Architectural Control Services

Proper architectural control ensures the compliance and integrity of your community’s property values. However, setting up an HOA architectural control committee can be an unnecessary burden for HOA members. Fortunately, Enforcer Pros have the experience and expertise to help ensure compliance. We are your reliable partners in architectural control services. Contact us for HOA enforcement in Florida and the surrounding areas.

16 Apr
Aerial View Of The City
Blog

Unenforceable HOA Rules You Should Know About

Homeowners associations (HOAs) typically have rules and regulations that safeguard the community’s best interest. The HOA board of directors plays a critical role in enforcing these rules and ensuring that all members adhere to them. While HOAs have overarching powers, specific rules remain unenforceable. Understanding the different types of unenforceable HOA rules can help property owners protect their legal rights and prevent HOAs from overstepping their mandate. This guide explains what you need to know about unenforceable HOA rules in Florida.

What Are Unenforceable HOA Rules?

Unenforceable HOA rules are any regulations and guidelines that violate federal or state laws. They are rules that go against the legal rights of homeowners living within an HOA community. Some rules might be valid, but an HOA cannot legally enforce them if they infringe on the rights of other community members.

Read more: How is HOA Covenant Enforcement Good for Owners?

Types of Unenforceable HOA Rules

While HOAs create and enforce various rules in their communities, some HOA regulations are unenforceable in Florida. These include the following:

Discriminatory Regulations

Any regulations that discriminate against homeowners based on race, religion, color, sex, national origin, or disability cannot be enforced by HOAs. This helps to ensure fair and equal treatment.

Rules That Contravene the Constitution

HOAs cannot enforce any rules or regulations that contravene the U.S. Constitution. The Constitution provides for freedom of speech, political affiliation, and religious freedom, among others.

Enactment of Rules With a Majority Vote

Before an HOA can enact any new rule, it must go through proper procedures, including a vote. If the new regulation does not receive a unanimous vote, it becomes unenforceable.

Prohibiting Certain Plants

Prohibiting certain plants or trees is another example of an unenforceable HOA rule in Florida. State statutes prevent associations from restricting homeowners from planting certain plants on their properties.

Banning Clotheslines

Florida is among the few states that have the right to dry law. This law prevents HOAs from enforcing rules banning clotheslines.

Prohibiting Charging Stations

Homeowners associations in Florida cannot prohibit members from installing charging stations on their properties. However, some aesthetic regulations may apply.

Prohibiting the Display of the American Flag

As a proud and patriotic citizen, you may want to display the American flag on your property. Unenforceable HOA rules in Florida prevent associations from prohibiting the display of the U.S. flag.

Review Your Governing Documents for Unenforceable HOA Rules

Some HOAs may overstep their authority and enact rules that violate your legal rights. Reviewing the community’s rules and regulations can help members identify unenforceable HOA rules and raise a dispute. The team at Enforce Pros can help inspect your community’s governing documents to pinpoint unenforceable HOA rules, allowing the board to make the necessary adjustments. We also offer other services, including covenant enforcement, site inspections, and HOA rental restrictions in Florida. Contact us today for assistance and to learn more about our services.

9 Apr
A Woman With A Displeased Expression, Making An "X" Sign With Her Arms
Blog Lease Monitoring

Top Red Flags on a Rental Application

Investing in rental property can ensure a stable income source. However, a good return on investment depends on the type of tenants you get for your rentals. Good tenants can ensure reasonable profits, while the wrong renters can lead to significant losses for landlords. For this reason, tenant screening is more critical than ever for any property owner or manager. Knowing the signs of a bad tenant can make a difference in ensuring you select good tenants and guarantee a profitable investment. This guide highlights the top red flags of a risky tenant when screening rental applications.

Poor Credit Score

A potential tenant with bad credit is among the most common red flags when renting an apartment. A poor credit rating is a sign that an aspiring tenant cannot keep up with their monthly payments. Seek tenants with a minimum credit score of 640 points or more to avoid issues down the line.

Criminal History

Renting a house to a tenant with a criminal history is the last thing you want in your rental business. Renters with a criminal history are unlikely to pay on time and might compromise your safety. Besides, they might go missing without paying their dues.

Inadequate Landlord References

When dealing with rental applications, request that the aspiring tenant provide references from previous landlords. Applicants with inadequate or no landlord references might be signs of a bad tenant. A quality tenant will have sufficient and verifiable reviews from former landlords.

Incomplete Rental Application

Ensure all applicants complete the rental application form during the screening process. Any incomplete form is a red flag for a potentially risky tenant. The renter might have a bad credit score, criminal history, or other issues that can cost you down the line.

Numerous Forceful Evictions

Numerous evictions are other tenant red flags to consider when screening potential renters. Applicants with forceful evictions can cost you time and money, leading to significant losses. After all, such renters do not care about creating lasting relationships with property owners.

Half or No Deposits

A quality tenant will pay the entire deposit before moving into your rental apartment. If the renter fails to pay the deposit or asks to pay half the amount, think twice before letting them into your building to avoid the consequences.

Enlist Quality Tenant Screening Services

Background checks are critical when searching for quality tenants for your rental property. Enforcer Pros offers professional tenant screening services for landlords and property managers. Contact us today for reliable tenant screening services in Florida and beyond, and let us get you quality tenants for a successful investment.

5 Apr
HOA Agent Discussing With Clients
Blog Lease Monitoring

How Does a Tenant Lease Agreement Impact HOA Regulations?

A tenant lease agreement is a legal, binding contract between a tenant and a landlord. It outlines how long the tenant will stay in the rented house and how much they will pay monthly. It also stipulates other regulations to prevent future disagreements between the renter and landlord. With some HOAs now allowing homeowners to rent out their properties, a tenant lease agreement becomes equally vital to the HOA as to the landlord. So, how important is a tenant lease agreement for the HOA? Follow along to find out.

The Significance of Tenant Lease Agreements in HOAs

The importance of a tenant lease agreement to an HOA cannot be understated. This legal, binding document clearly defines the parties in the contract, including the landlord and tenant, helping eliminate ambiguity as far as liabilities are concerned. It also protects the association from losses if the homeowner defaults on their HOA fees. The HOA can serve notice on the tenant and legally seize the rent should the landlord fail to fulfill their obligation. The association cannot claim the tenant’s rent to settle the owner’s outstanding dues and assessments without a lease agreement.

How Does a Tenant Lease Agreement Impact HOA Regulations?

The lack of a tenant lease agreement can have legal implications for an HOA. First, it absolves the tenant from any obligations in case the landlord becomes an absentee owner. The tenant can file a lawsuit against the HOA if the association claims their rent.

Read more: What to Do If Your HOA Is Not Enforcing Rules?

It can also pose security risks since the association might be unable to track the renter and ensure accountability. Without a contract, the tenant might abscond from maintenance responsibilities, leading to a decline in property prices. If the tenant damages common areas, the association may have to cover the repair costs, especially if the landlord is an absentee owner.

Importance of Rental Restrictions to HOAs

While turning a home into a rental can be an excellent investment for homeowners, it can pose various challenges to HOAs. Associations should enforce various guidelines to mitigate these risks. All HOAs that allow rentals should demand tenant lease agreements and become a party to the lease. The agreement should also include provisions for rent assignment if the landlord defaults on dues and assessments. The HOA should keep a copy of the lease agreement for reference and as proof in case of any legal issues.

Enforcer Pros can help your association mitigate the risks associated with rentals in HOA communities. We provide HOA rental restriction services in Florida and the surrounding areas. Contact us for assistance and to learn more about our services.

2 Apr
Woman Sitting At A Desk With A Stack Of Papers
Blog

Common Challenges in HOA Architectural Review Processes

Properties within an HOA must comply with various architectural rules and standards. If you wish to make structural changes to your property, you may have to submit an application to the Architectural Review Committee (ARC) for review and approval. The ARC is responsible for ensuring any exterior changes or additions comply with the HOA’s architectural guidelines. The committee evaluates each application to ensure guideline compliance. However, assessing HOA architectural review applications can have several obstacles. This guide explains the top five common issues in HOA architectural control assessments.

Guideline Compliance

Homeowners seeking to make changes to their homes must submit applications to the ARC for review and approval. After receiving your submission, the ARC must check your application for accuracy to ensure it complies with the HOA’s architectural guidelines. However, ensuring guideline compliance is among the most common challenges in evaluating an HOA architectural review application. The process can be daunting since it involves assessing intricate details, such as measurements, height specifications, colors, materials, and location.

Selective Enforcement

The architectural review committee members must follow all community guidelines to ensure fairness and code compliance. However, some members might allow variations to the regulations, posing a challenge to the review process. Selective enforcement can lead to unnecessary delays or even legal disputes. The committee must remain firm when enforcing guidelines.

Frequent Appeals

The architectural review committee might approve or reject a request, depending on whether it meets the HOA’s architectural guidelines. Homeowners with rejected applications can appeal against the decision within 30 days. Multiple appeals can cause issues if the applicant does not want to abide by the standards or cooperate with the committee.

A Lack of Professional Legal Advice

Lack of proper legal advice is another common challenge in HOA architectural review processes. In any case, the architectural review committee comprises volunteers from the community. The committee members might not have the experience to interpret various legal issues, leading to unnecessary delays in reviewing applications.

Inexperienced ARC members

When selecting architectural review committee members, HOAs should consider the level of experience and the expertise of each member. A committee with inexperienced members might face several hurdles in performing their roles. Ideally, the ARC should include at least one architect or someone with vast knowledge of landscaping, construction, exterior projects, vendor protocols, and HOA by-laws.

Enforce Pros have the experience and expertise to help your architectural review committee evaluate applications for guideline compliance. We also provide site inspections, HOA enforcement, and tenant screening services in Florida. Contact us to learn more about our services.