Your HOA board is reviewing recent violation reports. One homeowner has left their RV parked in the driveway for months, violating the community's parking restrictions. Meanwhile, another homeowner repeatedly leaves their trash bins out for days after collection, despite receiving multiple warnings. Both issues need addressing, but the way they're categorized is important.
Luckily, we can help. Let's go through what to know about HOA violations.
HOA Management Tips: What Are Repeat Violations?
Repeat violations occur when a homeowner violates the same HOA rule multiple times, but there is a clear break between each instance of non-compliance. Unlike a continuing violation, which persists without resolution, repeat violations are distinct and separate events, even if they involve the same rule.
For example, they may park in a restricted area on multiple occasions. In each instance, it's treated as a new offense.
These infractions typically happen intermittently, with a lapse of compliance between occurrences. Repeat violations indicate that the homeowner might not fully understand homeowner association rules or their importance. Or, they may be neglecting to follow it intentionally.
Boards often issue a warning for the first infraction. Then, they apply escalating penalties, such as fines or restrictions, for subsequent violations. This approach is designed to encourage community compliance over time and give homeowners the opportunity to correct their behavior after each violation.
Association managers can help with violation resolution techniques.
What Are Continuing Violations?
Continuing violations occur when a single infraction remains unresolved over time, without any corrective action by the homeowner. Unlike repeat violations, continuing violations persist uninterrupted, often requiring the HOA to take ongoing enforcement measures. Constant violations from renters could lead to HOA evictions.
Examples of continuing violations include leaving an unapproved structure, such as a shed or fence, on the property without proper authorization, or failing to address an overgrown yard. These infractions remain in breach of the HOA's rules until the homeowner takes corrective action to resolve the issue.
Why Knowing the Difference Matters
Misclassifying violations can lead to:
- Inconsistent penalties
- Legal disputes
- Strained relationships
By identifying the type of violation, boards can ensure a consistent and transparent process that upholds community standards while treating residents equitably.
Accurately distinguishing violations helps HOAs stay compliant with their governing documents and local regulations. Many governing documents outline specific procedures for addressing each type of infraction. Adhering to these procedures minimizes the risk of legal challenges from residents who feel they were unfairly penalized.
Understanding the difference builds trust within the community. When homeowners see that violations are handled appropriately and consistently, it reinforces fairness and community well-being. This trust fosters a cooperative environment. So, it will be easier for HOAs to maintain compliance and resolve disputes amicably.
HOA Violations: Now You Know
With this information, you should have an easier time differentiating the types of HOA violations.
At PMI Phoenix Valley, we understand the complexities of managing HOA violations. With over 20 years of industry expertise, we deliver state-of-the-art technology and personalized service to help associations stay informed and profitable. Let us make your HOA manageable while protecting the future of your community.
Contact us today to learn how we can help streamline your association management and maximize your community's value!
