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.