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.