Homeowners associations (HOAs) offer numerous benefits to property owners. They often provide amenities, such as well-maintained swimming pools and shared open spaces for pets or children.
Many of the best neighborhoods in Florida have HOAs. They typically collect fees monthly to cover the cost of operating the HOA. Additionally, HOAs establish bylaws governing the use and maintenance of homes within the community. Those rules may range from restrictions on the color of house siding to the number of vehicles that people can have parked in a visible location near their properties.
How do HOAs enforce the rules related to property maintenance and appearance?
With official notice
Some HOAs have rules with a bit of leniency built into them. Property owners who do not have prior violations on record may receive a warning notice to bring their property back into compliance or advising them that certain behaviors, such as leaving a trash bin at the curb for two consecutive days, could lead to consequences.
With fees
Many HOA bylaws include financial penalties for violations. HOAs may assess financial penalties for violations based either on the terms included in community bylaws or on the actual cost of addressing the issue, such as sending out a lawn care team to take care of the yard. Those penalties may accrue over time due to interest and repeated citations. If left unpaid, fines and fees for bylaw violations could provide the HOA with the right to foreclose on the property if the owner does not pay everything they owe.
With amenity restrictions
The HOA could deactivate security cards or codes that give residents access to pools, playgrounds or exercise facilities when they fall behind on financial obligations or fail to pay the fines associated with property violations. The process of enforcing community bylaws can be relatively complex in some cases. Controversies could arise, especially if the HOA has previously failed to enforce that rule against other residents or property owners question whether bylaw violations actually occurred.
Consulting with an attorney familiar with Florida’s real estate statutes and HOA controversies can be beneficial both for property owners and HOA board members. Insight into the law and into community standards can limit the likelihood of a lengthy dispute between a property owner and the local HOA.
