In an HOA community, you will encounter noise complaints from one homeowner against another. It’s one of the most common disputes in many neighborhoods. Unresolved noise disputes can lead to tension between neighbors and, if not handled correctly, may escalate into legal challenges. 

Understanding Noise Complaints in HOA Communities

Noise that’s bad enough can be caused by many things in HOA communities. It may be caused by loud music, construction work, or dogs barking. Condo noise complaints can even be caused by neighbors walking or stomping around loudly. 

Yes, some level of noise is inevitable, but excessive or disruptive sounds can negatively impact the quality of life of the people around you.

To ensure peace and harmony in the community, the HOA needs to find a balance between homeowner rights and keeping the neighborhood quiet. For this, you will need a strategy for handling noise complaints.

Establishing and Communicating HOA Noise Rules

Having clear, well-defined noise rules is crucial for handling noise complaints properly. Most HOAs probably already have them, but it’s always good practice to review or update them to ensure community harmony.

When creating HOA noise rules, you should define daily quiet hours. This helps prevent noise-related disturbances late at night or early in the morning. 

Additionally, you should make policies and restrictions covering loud outdoor activities, such as construction and yard work. If you’re in a condo, you may also create policies about indoor noise, like TV volume and using musical instruments. 

After creating a policy, your HOA needs to notify all residents about it. 

Handling HOA Noise Complaints Effectively

As part of the HOA board, how should you handle noise complaints? Here are some of the best practices that you can follow:

Establish a Formal Complaint Process

Like any other dispute, the HOA needs a process for mediating noise complaints. A structure simplifies the investigation, helping solve the dispute quickly and fairly.

This process usually starts with a homeowner filing a written noise complaint. The document they submit needs to contain key information about the incident, including the date, time, location, and description of the noise. 

Additionally, complainants are encouraged to record repeated disturbances. They can do this by keeping a log or recording the noise. This provides the HOA with important evidence that they can use when assessing the situation.

Investigate the Complaint

After receiving the complaint, the HOA needs to investigate. The board needs to review what was filed and, if needed, gather additional information. During this step, you can contact the complainant to clarify the issue. To handle disputes reasonably and formulate how to proceed, the HOA needs to understand the root of the complaint. 

The complainant’s testimony is only one side of the picture. It can also help to check with other residents. If more residents confirm the report, it adds more credibility to the complaint. On top of that, having multiple perspectives also gives you a bigger picture of the dispute. 

Other than witness accounts, you can visit where the noise complaint incident happened in person. This will let you assess the noise level firsthand, ensuring a fair and objective evaluation of the situation.

Issue a Warning or Mediate the Situation

Once you determine the report’s validity, your HOA needs to send a polite but firm warning to the offending party. You can do this via a written notice explaining what policies they violated. It should also include a reminder of the HOA noise and quiet hours rules while encouraging compliance.

If the offender doesn’t stop, it might be time for mediation. A neutral third party should be able to help conduct a conversation between the two. Through mediation, the residents have a way to express their concerns and the opportunity to find a solution to their problems.

Enforce HOA Noise Policy

If warnings and mediation do not resolve the complaint, the HOA will likely need to take enforcement action. The most common way to do this is by imposing fines and penalties, especially for repeat offenders. In more serious cases, penalties may include losing access to HOA amenities or a property lien. 

The penalties your HOA can impose are usually outlined in the community’s governing documents. 

In the worst cases, your HOA may be forced to issue a cease-and-desist order. This would formally require the offender to stop disruptive activities. If they insist on continuing to disrupt even with multiple warnings, fines, and penalties, you might be forced to escalate and pursue legal action. Some steps you can take include seeking an injunction or filing a lawsuit.

Do remember that legal action should be your last resort. However, extreme cases of disruptive behavior can severely impact the entire community, making legal action necessary.

Preventing Future Noise Disputes

With certain measures in place, your HOA can minimize noise-related conflicts in the neighborhood. 

One such way is to educate residents about noise and disturbance-related policies. You can also provide tips on striking a balance between enjoying your space and disrupting others. Sharing this type of information can be done in numerous ways. You can give out pamphlets, write about it in a newsletter, or even conduct seminars.

Your HOA can also host meetings that allow residents to discuss concerns and share opinions. Open dialogue will help residents understand each other better and allow for collaboration to address noise disputes before they escalate.

Of course, reviewing and updating noise policies is also a best practice. Your HOA needs to ensure that all policies align with the neighborhood’s evolving needs. 

Keeping the Peace

Handling noise complaints in HOA communities requires a balanced approach that respects the rights of all residents while maintaining a peaceful environment. A well-structured noise policy and good community engagement ensure that all residents can enjoy their homes without persistent disturbances. 

Freedom Community Management provides HOA management services in Florida, including HOA policy enforcement. Call us at 904-490-8191 or contact us online to learn more!

Playgrounds are some of the staple amenities in a HOA community. It offers children spaces to play and interact while building a sense of community. However, ensuring these playgrounds are safe is a shared responsibility that needs consistent attention to detail. 

The Importance of Playground Safety in HOAs

Playground safety in HOA communities is significant for a number of reasons. Here are some of them:

Preventing Injuries

The safety of a playground is necessary to minimize and prevent injuries to kids who use them. You can find many ill-maintained playground hazards, including broken equipment, slippery surfaces, or improper installation. All of these can cause accidents and hurt those who are using them. However, through regular safety checks and immediate hazard prevention, your HOA can also help minimize such risks while creating a safe play environment for children.

Legal and Financial Liabilities

Accidents occurring on HOA property can lead to costly lawsuits and settlements. As part of the HOA board, you should make an effort to consistently ensure playground safety by following established standards and making prompt repairs. Doing these helps lessen the occurrence or likelihood of incidents where your association can be held legally liable.

Community Trust

Trust within the community is a must. One way this manifests is through the safety of the playground. It shows that your HOA is committed to keeping the well-being of all the residents in the community. By focusing on safety, you also build trust and satisfaction among community members, strengthening the overall sense of belonging and community spirit.

Compliance with Regulations

There are many federal, state, and local regulations that outline safety standards for playgrounds. By complying with all these, you are ensuring playground safety while protecting your association from penalties and reputational damage associated with regulatory violations.

Key Responsibilities of HOA Board Members

As HOA board members, you play an integral part in ensuring safe playground amenities. As such, you must follow through with the following responsibilities:

Conducting Regular Inspections

The HOA board must have a schedule for routine inspections. Conducting inspections helps identify hazards in the playground, such as broken equipment, sharp edges, or unsafe surfaces. For best results, you should contact certified playground safety inspectors (CPSIs) to help achieve more comprehensive evaluations.

Allocating Funds for Maintenance

Part of the HOA budget allocations is for maintaining common amenities in the community. This includes playground upkeep. The HOA should have funds set aside for playground equipment repairs and needed replacements to minimize any safety hazards. By having long-term investments in durable, high-quality playground equipment, you are also helping reduce expenses from frequent repairs.

Enforcing Safety Standards

HOA board members should also ensure the playground complies with national and state standards. Adherence to the U.S. Consumer Product Safety Commission (CPSC) and the American Society for Testing and Materials (ASTM) is critical. If you find any non-compliance issues, address them as soon as possible.

Educating Residents

You can create materials and communications that educate residents about playground safety in HOA communities. Make sure to communicate safety guidelines and rules with residents clearly. This helps promote the responsible use of playground facilities. Some of the best channels to do this include HOA meetings or newsletters.

Implementing and Updating Policies

When creating and implementing policies, the HOA board should have the best interest of the community at hand. Part of that is ensuring the safety of the playground. Therefore, developing clear policies on playground use, maintenance schedules, and incident reporting is crucial. Additionally, best practice would involve regular reviews and updates to these policies so that your HOA can adapt to the changing needs or new regulations.

Homeowners’ Role in Playground Safety

While HOA board members bear the primary responsibility, homeowners also contribute significantly to maintaining playground safety. Here are the ways homeowners can help:

Supervising Children

The number-one person responsible for their kids is the parents or guardians. So, these homeowners need to ensure their children follow the posted rules in the playground. They should also monitor their kids to ensure they use play equipment appropriately. Being vigilant about potential hazards while children are playing is equally important.

Reporting Hazards

While the HOA board is mainly responsible for the upkeep of common amenities, they can’t monitor it 24/7. For this, homeowners should notify the HOA board or management team about damaged equipment, unsafe conditions, or potential risks they observe. This will help the HOA address such issues promptly.

Participating in Community Efforts

Volunteering for clean-up days or maintenance initiatives organized by the HOA fosters a sense of community and ensures the playground remains safe. Attending community meetings helps homeowners stay informed about playground safety in HOA spaces.

Regular Maintenance Practices

Effective maintenance is the cornerstone of playground safety in HOA communities. Key practices include:

Inspecting Equipment

Equipment should be checked regularly for wear and tear, rust, sharp edges, and structural damage. Particular attention should be paid to moving parts like swings, slides, and climbing structures.

Maintaining Safe Surfacing

When choosing or updating equipment in the playground, it is best to use impact-absorbing materials such as rubber mulch, engineered wood fiber, or synthetic turf. These materials need to be evenly distributed and maintained at the required depth so that they can effectively fall.

Cleaning and Sanitizing

Injury-causing hazards aren’t the only dangerous things in a playground. Pathogens and bacteria may also cause harm. Because of this, HOAS must have a regular cleaning schedule of playground equipment to remove dirt, debris, and potential health hazards. Make sure to sanitize high-touch surfaces frequently, especially during flu seasons.

Updating Equipment

Your HOA should regularly consider updating equipment to ensure compliance with regulatory standards. Having outdated or non-compliant equipment must be replaced with modern, safety-certified alternatives.

Documenting Maintenance Activities

The HOA should also keep detailed records of any inspection, repair, or upgrade done on the playground. Doing this demonstrates due diligence and helps to easily backtrack changes that may have caused any future issues.

Complying with Playground Safety Standards

Adherence to established safety standards is a non-negotiable aspect of playground safety in HOA communities. Some of the standards your HOA playground needs to follow includ the followinge:

• CPSC Guidelines: The CPSC’s “Public Playground Safety Handbook” provides detailed equipment design, installation, and maintenance recommendations to minimize risks and enhance safety.
• ASTM Standards: ASTM International publishes comprehensive standards for playground surfacing, equipment, and layout, ensuring optimal safety and functionality.
• ADA Requirements: According to this law, playgrounds must be accessible to individuals with disabilities, promoting inclusivity and equal access.
• State and Local Regulations: HOAs must review and comply with specific playground safety rules in their state or municipality. These localized standards often outline and address unique environmental or community needs.

Enhancing Playground Safety Through Design

Thoughtful design plays a significant role in ensuring playground safety in HOA communities. Consider the following design principles:

• Age-Appropriate Zones. It is best practice to have separate areas for different age groups in your playground. This ensures that younger children cannot use equipment designed for older kids, lowering the risk of injury and promoting safer play.
• Visibility. Playgrounds need open sightlines throughout the area to enable better supervision by parents and caregivers. Good visibility helps adults quickly identify and respond to any issues or accidents.
• Safe Layout. Equipment in the playground should be adequately spaced out. This helps minimize the risk of collision while allowing kids to move freely without overcrowding. Installing barriers or fences may provide additional safety by preventing children from accessing nearby hazards like roads or bodies of water.
• Weather Considerations. Your playground should have durable materials that can withstand extreme weather conditions. Having this ensures that your equipment will be usable without issue for a longer time.

Safety First

Playground safety in HOA communities is a shared responsibility requiring cooperation between board members, homeowners, and professional service providers. By emphasizing maintenance, regulatory compliance, and a safety-first mindset, HOAs can ensure playgrounds remain safe and welcoming for all residents.

Freedom Community Management provides HOA management services in Florida, including playground safety regulation compliance. Call us at 904-490-8191 or contact us online to learn more!

In today’s society, staying connected is essential, whether through broadcasting services or the internet. This is the premise of the Over the Air Reception Devices or OTARD rule, which protects the rights of the people to install these devices. But how does it impact your HOA community? 

What is the OTARD Rule?

The OTARD rule was introduced as part of the Telecommunications Act of 1996. This rule removed barriers to installing and using over-the-air reception devices such as small satellite dishes, TV antennas, and wireless antennas for broadband access.

According to the rule, restrictions that unreasonably prevent the installation, use, and maintenance of over-the-air reception devices are prohibited, including in planned neighborhoods like HOA communities. It aims to help ensure that people have reliable access to telecommunications and broadcasting services. 

The OTARD rule covers devices installed on a homeowner’s property that are exclusively used or controlled by the owner. However, it doesn’t extend to common areas in an HOA community since the association maintains that. 

Recent Updates and Future Developments

Since its introduction in 1996, technology in telecommunications and broadcasting has tremendously evolved. To keep up with the times, the FCC tried expanding the rule in 2021, considering the new advancements.

In the update, the FCC included more models of fixed wireless devices that connect to the internet via broadband access. In the future, 

OTARD Rule and HOA Communities

HOAs often implement rules to maintain aesthetic standards, ensure uniformity, and regulate community property modifications. These rules may conflict with the OTARD rule, particularly when restricting reception device installation on individual properties.

Typical HOA covenants, conditions, and restrictions (CC&Rs) include prohibitions on visible satellite dishes or antennas to preserve the community’s appearance, requirements for devices to be installed in less conspicuous locations (even if these locations reduce signal quality or increase installation costs), and mandates for prior approval from the HOA before any installation, potentially delaying access to services.

The OTARD rule pre-empts HOA regulations that conflict with federal law. For instance, an HOA cannot enforce a blanket ban on satellite dishes or demand installation in suboptimal locations if doing so impairs the device’s functionality. However, HOAs retain the authority to regulate installations in common areas or impose reasonable restrictions for safety and preservation purposes.

Exceptions and Limitations of the OTARD Rule in HOA Communities

While the OTARD rule provides decent protections for homeowners, it is not absolute. Several exceptions and limitations are implemented to balance individual rights with the community interests in mind.

Prohibited Restrictions Under the OTARD Rule

At the base level, the OTARD rules prevent HOAs from implementing any restrictions that can prevent or impede a homeowner’s right to install, maintain, or use the devices mentioned in the legislation.

Based on the legislation, the HOA may be impeding in the following scenarios:

• If the HOA unreasonably delays, impedes or prohibits using a device mentioned in the rule.
• If the HOA unreasonably raises the cost of installing or using the devices covered by the rule.
• If the HOA takes measures to prevent a homeowner from receiving or sending adequate signals from the devices covered by the rule. 

If the HOA’s regulations regarding over-the-air broadcasting devices are prohibited under the OTARD law, they are considered unenforceable. 

Reasonable Restrictions Under the OTARD Rule

Even under the OTARD rule, the HOA can still implement some policies regarding broadcasting devices. Based on legitimate safety concerns, the HOA can restrict their use. However, these restrictions must be necessary to keep the community safe. 

Other than safety concerns, HOAs can also impose restrictions based on historic preservation. As long as they are legitimate and necessary, these restrictions can take precedence over the rights given by the rule. To prove this, HOAs must qualify for historic preservation by having a site, structure, or object that belongs to the National Registry of Historic Places. 

But can the HOA limit how many satellite dishes or similar devices are allowed on one property? 

Based on the guidelines by the FCC, HOA regulations must not limit it to only one antenna or device if more than one is needed for it to be used properly. 

Creating Compliant HOA Policies

The board should review and revise its CC&Rs and policies in light of the OTARD rule in HOA to avoid conflicts and ensure compliance with federal law. 

To be sure, total bans or vague requirements should be removed from the governing documents. Additionally, restrictions should be narrowly defined and address only legitimate concerns like safety, historical preservation, or interference prevention. 

Additionally, to minimize any disputes or misunderstandings, the HOA must proactively communicate these restrictions to the residents. 

What Should Homeowners Do if They Want to Install Satellites?

Despite having the OTARD rule in HOA, homeowners who want to install telecommunications and broadcasting services devices will still need to follow an approval process. While protected, installing such devices is still considered an architectural change.

To do this, here are some of the usual steps residents will need to go through:

1. Submit an Application Form for Architectural Change. Residents need to submit an architectural change application or approval form, including the details and reason for the change. Some of the details you may need to provide include:

• Name of the requestor or property owner
• Property Location
• Reason for the installation
• Timeline of the installation
• Blueprint or visual plan (if needed)
• Photo of the device (if required)

2. Wait for the Decision. After submitting the necessary documentation and forms, homeowners must now await the decision. This will be made by either the HOA board or the assigned architectural committee. Once the decision is made, the homeowner should receive a notification for approval or denial, with a written explanation. 

3. Starting the Installation. When the resident receives the approval, they can go through the installation process. Of course, they must follow the details and timelines they have submitted to the HOA. If the homeowner fails to follow the approved proposal, the HOA has the right to rescind its approval. 

Ensuring Fair Access and Compliance for Your HOA

The OTARD rule ensures equitable access to telecommunications services, particularly in communities governed by HOAs. By understanding the rule’s provisions, exceptions, and limitations, stakeholders can navigate conflicts and foster harmony between individual rights and community standards.

Freedom Community Management provides HOA management services, including fine collection, in Florida. Call us at 904-490-8191 or contact us online to learn more!

Part of the homeowners association’s responsibilities is properly enforcing rules and regulations. When dealing with delinquent residents, the HOA may impose some form of punishment. But can HOA evict you as a homeowner if you break the rules?

HOA Enforcement Actions

When living in a HOA community, residents agree to a set of governing documents that lay out the rules and policies in the community. Of course, having rulebreakers in a neighborhood is challenging to avoid. However, to improve compliance and discourage delinquencies, HOAs resort to enforcement actions. Here are some of the most common ones:

Fines

A fine is a monetary penalty imposed on homeowners who violate HOA rules. This is arguably the most common form of enforcement action many HOAs mention in their governing documents. It aims to discourage residents from breaking the rules, but in cases of repeated violations and unpaid fines, the association may escalate and resort to more serious enforcement actions. 

Liens

The homeowners association can place a lien on the property for repeated offenses. Simply put, a lien is a legal claim against the property, making selling or refinancing it more difficult. As a form of enforcement action, it helps the HOA ensure that it can recover the owed amount before any monetary transaction is made with the said property. 

Foreclosure

One of the most severe enforcement actions an HOA can take is foreclosure. This is usually only done as a last resort in the worst cases. However, whether and how an HOA can initiate foreclosure proceedings depends on state legislation.

Eviction vs Foreclosure

Many tend to be confused about eviction and foreclosure, but they’re essentially different things. On one hand, eviction is usually an enforcement action that landlords do to remove tenants who fail to pay rent or violate lease agreements.

Meanwhile, a foreclosure involves the legal process of repossessing a property when the homeowner fails to meet financial obligations, such as association dues and fees in an HOA. Unlike eviction, foreclosure affects property owners, not tenants, and can result in the homeowner losing their property entirely.

Understanding this distinction is critical when discussing an HOA’s ability to enforce its rules. While HOAs cannot evict homeowners in the traditional sense, they may initiate foreclosure proceedings under specific circumstances.

Can an HOA Evict a Homeowner?

Can the HOA evict you if you own the house? Technically, the HOA can’t directly evict a homeowner, as this action is typically taken by landlords against tenants. However, depending on the state, the association can still pursue legal action that can result in the homeowner losing their property.

But can HOA kick you out of your house? While this question points to an eviction, calling this a foreclosure might be more appropriate. Foreclosure happens when an HOA uses its legal rights to recover unpaid dues or enforce liens on the property. In extreme cases, this could result in the sale of the home.

State laws dictate the foreclosure process, and they vary from state to state. In some states, homeowners associations can foreclose on a property non-judicially or without court approval. However, in Florida, HOAs can foreclose on properties with assessment liens through the court. This means HOAs in Florida can only file a foreclosure complaint and ask the court to order the foreclosure of the lien they have placed. 

Can HOA Evict You If Your House Is Paid Off?

Having a fully-paid home does not exempt you from HOA enforcement actions. Of course, if you own your home, your HOA still can’t “evict” you. Still, if the state allows it to initiate foreclosure proceedings, especially when you have numerous offenses and repeated delinquencies. 

Of course, the HOA will not immediately start foreclosure proceedings. Usually, before that point, the association should have exhausted all other enforcement actions, including imposing fines or placing a lien on the property.

Can HOA Evict You If You are a Tenant?

Can the HOA evict you if you’re a tenant leasing a home in a HOA community? In this case, the HOA can’t evict you as a tenant, even if you do not pay dues or fees. Again, the process involves tenants and landlords, not HOAs. 

When homeowners rent out their property to others, they also become responsible for their tenant’s actions. This, of course, includes delinquencies and rule violations. If the tenants do not follow the HOA’s rules, the HOA doesn’t have the authority to evict them, but the homeowner does. 

Legal Protections for Homeowners

There are cases when the punishment of a foreclosure is too harsh for the actual violations done. When they seem to be unjust, homeowners are not without recourse. State and federal laws provide protections against unfair HOA practices. 

One example is the Fair Debt Collection Practices Act (FDCPA). This federal law safeguards homeowners by banning abusive, deceptive, or unfair practices for debt collection. HOAs or their collection agencies must follow strict guidelines when pursuing unpaid dues, including clear and documented communication.

In addition, many states have enacted statutes regulating HOA foreclosure practices. These laws often require a series of notices and opportunities for homeowners to resolve issues before foreclosure. These laws provide additional layers of protection, especially in states with stringent judicial foreclosure requirements.

Homeowners facing foreclosure should thoroughly review their rights under these laws and seek legal counsel to ensure fair treatment and proper adherence to due process.

How to Avoid HOA Enforcement Actions

You can avoid breaking the rules by keeping up with your responsibilities as a homeowner in an HOA community. Here are a few tips that can help homeowners stay in good standing with their HOA:

• Pay Dues on Time: Timely payment of HOA fees is crucial to avoid penalties or legal actions. Even minor delays can escalate into more considerable financial burdens if fines and interest accrue, so staying ahead of deadlines is essential.
• Understand the Rules: Familiarizing yourself with the CC&Rs prevents unintentional violations. Understanding the specific guidelines of your community can help you make informed decisions about property modifications, landscaping, and other activities.
• Communicate: Open communication with the HOA is vital, mainly if financial hardships arise. If approached proactively, many HOAs will work with homeowners to establish payment plans or temporary waivers.

Staying in Control

While HOAs have the authority to enforce rules, their power has limits. Staying informed and proactive can help homeowners maintain control and avoid severe consequences. By understanding your rights and responsibilities, you can ensure a harmonious relationship with your HOA.

If you need help enforcing rules in your community, Freedom Community Management provides HOA management services. Call us at 904-490-8191 or contact us online to learn more!

You may encounter different types of HOA fines when you’re part of an HOA community. In these communities, there are numerous rules that residents are expected to follow. When these rules are violated, homeowners may face penalties, commonly called HOA fines. But does the community benefit from it?

Types of HOA Fines

HOAs can impose fines if a homeowner breaks the association’s rules, typically outlined in the governing documents. 

Some of the most common violations they usually impose include:

1. Landscaping and Property Maintenance Fines

One of the most frequent sources of HOA violation fines comes from issues connected to property maintenance. HOAs issue these fines against homeowners who fail to maintain their property according to HOA standards. 

Some common instances include:

• Overgrown lawns or unkempt landscaping.
• Peeling paint or structural damage visible from the street.
• Leaving trash cans in view after collection day.

These rules ensure that properties remain pleasing to the eyes, helping preserve the neighborhood’s overall curb appeal and property values.

2. Parking Violation Fines

Parking violations are also a common source of fines in HOA-governed communities. After all, parking rules are crucial, especially in communities with limited parking space. 

Typically, HOA penalties for parking violations may apply in cases such as:

• Parking in restricted areas, including fire lanes or guest parking spaces
• Storing recreational vehicles or boats in home property driveways
• Prolonged parking of vehicles on the property

3. Noise and Nuisance Fines

Many households value undisturbed time, which can be ruined by noisy neighbors. To prevent this and keep the neighborhood’s harmonious vibe, HOAs usually regulate noise levels and activities that can disturb other residents. 

Fining noisy and disruptive homeowners is a common penalty for breaking such rules. The common violations under these rules usually include being loud or having loud events during the community’s quiet hours, excessive noise from pets, or having and operating noisy machinery. 

4. Fines for Unauthorized Modifications

Many HOA communities prefer a clean, proper, and uniform look. To keep that look, associations impose strict guidelines on property modifications. 

However, there are times when homeowners create unauthorized renovations to their homes. Some may paint their home an unapproved color or put up fences that do not adhere to the regulations. It is also considered an infraction if the homeowner doesn’t obtain prior approval for renovations. In such cases, HOA violation fines may be imposed against them.

5. Pet-Related Violation Fines

Pets are usually welcome as part of the family, but homeowners must always be responsible for their behavior. In HOAs, pets are generally regulated to prevent any disturbances to other homeowners or any damage to properties.

The most common violations that may incur a fine include allowing pets to roam freely without a leash, owning more pets than what is allowed in the community, not cleaning up after your pets in common areas, and excessive noise from pets, such as barking. 

6. Fines for Common Area Misuse

In an HOA community, common areas are open for residents to use. Of course, with this privilege, homeowners are also bound to follow the rules when using these spaces, such as pools, fitness gyms, and parks.

However, there are cases where residents abuse that privilege. Some may break equipment or leave them in disrepair. Residents sometimes choose to hold parties and gatherings in these spaces without permission.

Given these clear violations, the HOA can impose penalties such as fines and may even remove those privileges for repeat offenders. 

7. Late or Missed Payments

Yes, HOAs may impose fines and penalties for late or missed payments, even if it is not considered a behavior violation. HOAs typically use these late fees to encourage timely payments, which are crucial to fund the community’s day-to-day operations. 

Are HOA Fines Legal?

If you’re a homeowner faced with fines for regulation violations, you may wonder, “Are HOA fines legal?” Surprisingly, the answer depends on the state’s laws and the HOA’s governing documents. 

In most cases, HOAs have the authority to impose fines as long as:

1. The fines are outlined in the CC&Rs or bylaws.
2. Homeowners receive proper notice of the violation and the opportunity to address it.
3. The fines are reasonable and not excessive.

You may also ask, “Can you fight HOA fines?” The answer is “yes,” especially if you believe the fines breach state regulations and those imposed by your governing documents. Homeowners can bring up the issue by attending a hearing with the HOA board, providing evidence of compliance, or seeking mediation.

Can HOAs Impose Fines?

Yes, HOAs can impose fines as long as it operates within its.  Most state laws and HOA bylaws provide the board with the authority to impose fines to enforce community standards. However, the board still needs to follow due process, including notifying the homeowner of the violation, offering a chance to rectify the issue, and ensuring fines are consistent with the community’s rules.

Where Does the Money From HOA Fines Go?

The funds collected by the HOA from fines are used in the community’s best interest. The HOA board can’t pocket the funds for personal gain and instead allocates them for numerous things. 

These include:

Maintenance and Repairs: HOAs usually reinvest revenue from fines into the maintenance and repairs of common areas and community assets. These may include landscaping, road repairs, sidewalk maintenance, and the upkeep of standard amenities like pools, parks, and gyms.

Legal and Administrative Costs: The HOA may use revenue from fines to fund its legal expenses. They also allocate it to fund administrative costs. 

HOA Reserves: HOAs typically reserve funds for long-term projects, such as repaving roads or upgrading community facilities. Fine revenue may contribute to these reserves, ensuring the community remains financially prepared for future needs.

Educational Initiatives: There are cases where HOAs use fines to fund educational initiatives that promote regulation compliance. For example, they might create newsletters or host workshops to inform homeowners about community rules in efforts to reduce the likelihood of future violations.

Offsetting Shortfalls: There are cases when the HOA can experience budget shortfalls, typically due to delinquent dues or unexpected expenses. In these cases, the revenue from violation fines can help offset the gap, helping ensure that the community can meet its financial obligations without imposing higher dues or levying for assessments.

Turning Fines Into Community Gains

While fines function as a form of punishment, they also serve the collective interest of HOA communities. By understanding the types of HOA fines and how these funds are used, homeowners can appreciate their role in the neighborhood.Freedom Community Management provides HOA management services, including fine collection, in Florida. Call us at 904-490-8191 or contact us online to learn more!

Having a delinquent owner in HOA communities can be a big headache for the board. Not only are they failing to pay their fees but also imposing a financial burden on the rest of the residents. What should the board do when there’s a delinquent homeowner?

Why are Delinquencies a Problem?

Unfortunately, delinquent HOA dues are quite common in planned communities. They happen for all sorts of reasons. Some homeowners may not be able to pay their dues because of financial hardship. The homeowner might have lost a job or gotten into other debt.

Meanwhile, other homeowners may simply refuse to pay the HOA. They might disagree with the board’s methods and not understand why the fees are so high. Regardless, delinquencies can have several consequences for planned communities, including:

• Lack of Maintenance. The HOA must pay vendors and staff to clean and maintain the common areas. Delinquencies might prevent the HOA from paying for these services, resulting in a lack of maintenance. 
• No Services. The HOA may fail to provide usual services, such as garbage collection and snow removal.
• Amenity Closure. HOA amenities that cannot be maintained may be closed so the HOA can focus on paying for the necessities like water, sewage, and electricity.
• Decline in Property Values. HOAs with poor upkeep and services may face lower property values. Home prices will lower, so homeowners cannot rent or sell their properties for higher prices.
• Special Assessments. The HOA may levy special assessments to cover the cost of delinquencies, burdening other homeowners.
• Increased Assessments. HOAs may try to cover the delinquent assessments by raising the fees overall for each community member. 
• Homeowner Exodus. Some homeowners might find it too inconvenient or expensive to live in an HOA with many delinquent residents. As a result, many residents might move to other communities, leaving the HOA with fewer members. 
• Buyer Discouragement. Potential buyers will be discouraged by the lack of maintenance and excessive fees in the community, and they will be less likely to purchase a home there.
• Dissolution. HOAs that cannot pay for upkeep and other services may become insolvent, abandoned, and eventually dissolved. 

What to do About Delinquent Owners in HOA

A delinquent owner in HOA communities is certainly a problem. It causes a lot of physical, financial, and mental harm to the rest of the residents. What can the HOA do to resolve the issue? Here are some potential solutions.

1. Notify the Homeowner

The first thing an HOA can do is to send a notice to the delinquent resident. A formal letter is sometimes enough to remind them that paying dues is important — and that nonpayment can lead to certain consequences. 

2. Impose Fines and Charges

Homeowners associations may issue interest, fines, and other charges for fee nonpayment. Often, the governing documents allow this as an enforcement measure against violating homeowners. Homeowners will be less likely to pay their dues late if they know it will result in monetary penalties.

3. Consider a Payment Plan

Sometimes, the delinquent homeowner may simply struggle financially due to their circumstances. HOAs may consider giving grace to the homeowner by offering a payment plan. The payment plan gives them breathing room and allows them to pay their fees in installments.

4. Report to the Credit Bureau

Homeowners associations can encourage residents to pay on time by reporting delinquencies to credit bureaus and credit reporting agencies. Delinquencies can jeopardize their credit scores and affect other aspects of life. Homeowners may be more likely to pay on time if they know their credit scores are on the line. 

5. Suspend Rights and Privileges

HOAs provide various amenities like pools and fitness centers. The board can exploit these by suspending a delinquent owner’s right to use the facilities. However, remember to check the governing documents before doing this. Some provisions may prohibit the HOA from suspending privileges due to certain violations. 

6. Turn to a Collection Agency

HOAs may have hundreds — or even thousands — of homeowners. In these cases, hiring a collection agency to oversee delinquent assessments may be best. The collection agency will use tried-and-tested methods to collect delinquent dues. Moreover, 

7. Take it to Small Claims Court

Can an HOA in Florida sue a homeowner? Yes, they may be able to do so under certain circumstances. Homeowners associations may force residents to settle their accounts by taking them to a small claims court. The HOA can then resolve the issue legally. On the other hand, remember that small claims courts have dollar limits. 

8. Place a Lien on the Property

Can an HOA in Florida take your house? Yes, they can. Florida homeowners associations are typically allowed to place liens on properties with delinquent accounts. As a result, the homeowner may have difficulty selling the home to someone else.

9. Foreclosure

Homeowners associations can foreclose a home in the community that already has a lien. Initiating foreclosure action allows the HOA to collect the unpaid balance through the sale of the home. Whoever becomes the new owner (usually the bank) will be responsible for paying off the delinquent assessments.

However, keep in mind that this should be a last-resort option. Foreclosures are often tiresome, lengthy, and costly. Once they occur within the community, they may also affect the HOA’s reputation. 

How to Prevent Delinquencies in HOAs

What actions should HOAs take to prevent people from turning into delinquent owners in HOA communities? Here are some possible avenues to pursue. 

• Create a Collection or Delinquency Policy. HOAs should create a clear policy outlining the consequences of late or nonpayment and the escalating steps the HOA will take when these happen. The policy will discourage residents from forgetting or neglecting to pay their dues. 
• Invest in Technology. If the HOA has an online platform, homeowners may be more able to pay their assessments on time. The residents can set up automatic payments, allowing the HOA to collect dues on time each month. 
• Consider Payment Plans. Payment plans allow the HOA to collect late payments at a much slower rate. Nevertheless, it’s better than letting fees remain unpaid. 
• Outsource Collections. HOAs can hire HOA management companies to create collection policies, assist with financial management, and collect dues. The HOA will no longer have trouble collecting dues individually, reducing accidental delinquencies.

An Important Part of HOA Management

Homeowners associations often have trouble when a delinquent owner is involved. Nevertheless, collecting the unpaid dues is important. Doing so keeps the HOA financially healthy and keeps property values high.

Freedom Community Management offers astounding HOA management services, including fee collection, to neighborhoods in Florida. Contact us online or call us at 904-490-8191 for more details!

Homeowners associations exist to preserve property values by providing maintenance and enhancing curb appeal. How does an HOA achieve this? One of the main ways to keep the community’s frontage presentable is through an HOA architectural review committee. 

What is an HOA Architectural Review Committee (ARC)?

Most homeowners associations will have architectural guidelines within the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These guidelines dictate what the homeowners can and cannot do with their property. For example, the architectural guidelines might limit fence heights or regulate exterior paint colors.

The architectural review committee HOA communities have is in charge of reviewing architectural applications. Afterward, the board usually reviews the final proposal and revisions and decides whether to reject or accept the request. 

The HOA ARC also interprets and enforces the guidelines when someone violates them. In some communities, the ARC exists within the board of directors. Meanwhile, other HOAs recruit volunteers from the community.

HOA Architectural Review Committee Responsibilities

The HOA architectural committee charter typically includes the following responsibilities:

• Application Review. The ARC is responsible for reviewing architectural change requests made by homeowners to ensure that all the modifications comply with the CC&Rs. They may deny, approve, or suggest changes to the proposal. 
• Violation Monitoring. The ARC must inspect the community periodically for architectural violations or inconsistencies with the CC&Rs. 
• Architectural Guideline Enforcement. The ARC must enforce the architectural review committee guidelines and ensure every property within the neighborhood follows the rules. 
• Board Action Recommendation. After reviewing a proposal, the ARC may recommend certain actions to the board. Afterward, the board often has the final say as to whether or not to approve or reject an application.
• Policy Review. The ARC must periodically review existing policies and suggest necessary changes to the board. 
• Homeowner Education. In some communities, the ARC is responsible for educating the homeowners about the community’s architectural review guidelines. 

Why is the Architectural Committee Important?

The architectural review board HOA communities have might seem annoying for many homeowners. After all, people usually want to be able to do whatever they desire with their homes and properties. However, the HOA architectural review committee is essential for several reasons. 

1. Curb Appeal

The architectural review committee is at the forefront of the community’s efforts to preserve curb appeal. What they do will significantly impact how the community looks from the outside. Therefore, their decisions can make or break a potential buyer’s first impression.

In addition, some communities have stunning mountain or seaside views. The ARC may also be in charge of preventing modifications from blocking those views for the residents. One homeowner may want an extension that allows them to see the ocean better. However, doing so may block the view for another homeowner. 

2. Rule Enforcement

Almost every CC&R will include architectural guidelines. The ARC plays an important role in monitoring the community for potential violations and enforcing those rules. Neglecting to enforce the guidelines may lead to unenforceable rules. Moreover, the board may be held accountable for not fulfilling its duties to the community.

3. Property Values

HOAs exist to preserve property values. While HOAs can do this by maintaining the common areas, preserving curb appeal is as essential to maintaining property values as proper upkeep. After all, aesthetic appeal significantly impacts how others perceive a planned neighborhood. Uniform exterior aesthetics can enhance the community’s reputation and ensure that property values remain high. 

4. Board Assistance

The HOA board has many responsibilities. It can be difficult to balance community operations with architectural application reviews. A dedicated committee can reduce the board’s workload while allowing it to enforce the rules consistently. 

HOA Architectural Review Process

How should your community review architectural changes and proposals? Here are the typical steps involved in the review process.

1. Application Submission

HOAs should provide a transparent process for architectural applications. Consider creating a physical or electronic form everyone can use to submit their requests. Moreover, it’s important to establish how they should submit their requests and the timeline for the approval process.

Regardless, the application should include essential information such as the property address, start and end dates for the project, the contractor’s name, and the proposed changes. The procedure should be distributed to the homeowners either digitally or physically. You can also include it on your HOA website. 

2. Application Review

Once the homeowners have submitted their proposal, the ARC should examine the request and compare it with the CC&Rs. If there are questions or missing details, the ARC can ask the homeowner for clarification. 

3. Deliberation and Decision

The ARC should deliberate and decide whether to propose modifications or approve or reject the request. The ARC needs to be consistent and not show favoritism when making their decision. Otherwise, they could be held liable for selective enforcement. 

That said, the ARC should approve requests that do not violate the CC&Rs. They should also have reasonable grounds for their denials. If a proposal could be adjusted, they should also recommend changes to the homeowners so they can submit a revised application.

4. Written Notification

The ARC must send the homeowner a written notification of their decision, either in physical or electronic form. Often, the homeowners should expect a waiting period of 30-60 days.

5. Appeal

If their request is denied, homeowners may appeal the ARC’s decision. Sometimes, they may only need to apply the ARC’s suggested changes to approve their project. However, they should resubmit the application and not assume that making changes leads to automatic approval.

On the other hand, homeowners should also review state law and the governing documents. Depending on their provisions, the homeowners may not need to submit a reapplication to appeal the decision. When in doubt, talk to the board of directors. 

An Indispensable Committee

The HOA architectural review committee (ARC) is essential for planned communities. It oversees applications and ensures that homeowners don’t violate the architectural guidelines. With an efficient ARC, the HOA can better preserve curb appeal and enhance property values.

Freedom Community Management offers industry-leading HOA management services to communities around Florida. Contact us online or call us today at 904-490-8191 for more details!

A homeowners association must follow its HOA documents, which govern the operations and rules of a community. Understanding these documents, what they contain, and where they fall in the hierarchy is essential to successful management.

What are HOA Documents?

Homeowners association documents, also known as governing documents or HOA docs, are a set of documents that govern the operations, rules, and rights of an HOA community. These documents establish the HOA’s creation and powers and set forth the rights and obligations of both the HOA and the homeowners.

Hierarchy of HOA Governing Documents

Each governing document plays a vital role in a homeowners association. As with many things, these documents follow a hierarchy, wherein one document takes precedence over another.

Here is the hierarchy of HOA documents.

1. Federal, State, and Local Laws

Federal, state, and local laws are at the top of the hierarchy. These laws supersede all other governing documents of an HOA. 

Federal laws, such as the Fair Housing Act, dictate non-discrimination policies that every HOA must follow. State laws provide the framework within which HOAs must operate, outlining the association’s and homeowners’ rights and responsibilities. In Florida, these come from the Condominiums Act and the Homeowners Associations Act. 

Associations that are organized as nonprofits also follow the Nonprofit Corporation Act. Lastly, local laws usually cover zoning ordinances and building codes, which vary by area. 

No HOA governing document can contradict these laws. For instance, if an HOA rule conflicts with a state law, the state law will prevail. Therefore, the HOA will be required to amend its rules accordingly.

2. Community Plat

The community plat is a detailed map or plan that includes the location of lots, common areas, easements, and other critical features. It is recorded with the local government, is legally binding, and provides the spatial blueprint of the community. It defines the boundaries of individual lots and common areas, which is essential in determining ownership and maintenance responsibilities.

The community plat serves as a foundational document, laying out the physical structure and division of the community. All other governing documents must align with the information and layout provided in the community plat.

3. Declaration of Covenants, Conditions, and Restrictions

The CC&Rs are the primary governing document of an HOA. The CC&Rs outline the rights and obligations of homeowners and the association. These include architectural guidelines, maintenance responsibilities, and rules regarding the use of properties within the community. This document is recorded with the county and is legally binding.

The HOA CCRs take precedence over all other HOA documents, except for federal, state, and local laws, and the community plat. If any conflicts arise between the CC&Rs and other HOA documents, the CC&Rs will typically govern. Homeowners must adhere to the CC&Rs, and the HOA is responsible for enforcing them.

4. Articles of Incorporation

The Articles of Incorporation are the documents that legally establish the HOA as a corporation, usually a nonprofit. Filed with the state, these articles define the HOA’s structure, including its purpose, membership, and the powers of the board of directors. The Articles of Incorporation are more focused on the HOA’s organizational and administrative aspects rather than the community’s day-to-day rules.

While the Articles of Incorporation are essential for the legal formation and operation of the HOA, they do not typically override the CC&Rs or the community plat. They supplement these documents, ensuring that the HOA operates as a legitimate corporate entity.

5. HOA Bylaws

Homeowners association bylaws are the rules that govern how the HOA is run. They include the election of board members, the conduct of meetings, voting procedures, and the board’s responsibilities. The bylaws provide the operational framework for the HOA and ensure that the association functions smoothly and effectively.

While the bylaws are crucial for the HOA’s internal governance, they must align with the CC&Rs, Articles of Incorporation, and all higher-level laws. If there is a conflict between the bylaws and any of these documents, the bylaws will need to be amended to comply.

6. HOA Rules and Regulations

At the base of the hierarchy are the homeowners association rules. These are also known as operating rules. 

The HOA rules are specific guidelines that govern the day-to-day living in the community. These include parking rules, pet policies, and use of common areas. The rules and regulations are typically more flexible and expound on the CC&Rs. The board can usually update or amend the rules without requiring a vote from the entire community.

Though important for maintaining order and harmony within the community, the rules and regulations must always conform to the CC&Rs, bylaws, and all other higher-ranking documents.

How to Get HOA Documents

Homeowners should understand the contents of their governing documents. Before that can happen, though, they must secure a copy of them first.

Here is how to find HOA documents.

Public Records

Most of the time, an HOA’s governing documents are a matter of public record. An HOA files these documents with the state or the county recorder’s office. Homeowners can proceed to these agencies to secure a copy of the documents.

New Homeowner or Buyer Packet

Typically, an HOA provides every new homeowner or potential buyer with a copy of the governing documents. Potential buyers receive these documents to decide if the community is in good standing and a good fit for them, and new homeowners receive these documents to familiarize themselves with the community’s guidelines.

Community Website

Homeowners can usually find the governing documents if an HOA has a website. Publishing and storing the HOA’s CC&Rs, bylaws, and operating rules on the website allows for easy access to these documents anytime. Digital documents also eliminate the need to provide owners with printed copies, thereby saving printing costs.

HOA Records Request

If the above methods don’t work, homeowners can request a copy of the documents from their HOA board or community manager. Florida law covers homeowners’ rights to inspect and copy HOA records, including the association’s governing documents (Sections 720.303 and 718.111).

Can an HOA Charge for HOA Documents?

Whether or not an HOA can charge a fee to produce a copy of the HOA documents depends on state laws and the governing documents themselves. In Florida, Section 720.303 allows HOAs to charge fees to cover the costs of providing copies, though it places a dollar limit. Section 718.111 also allows for charges that cover actual costs.

The Bottom Line

Every homeowners association has a set of HOA documents to follow. Homeowners and board members should familiarize themselves with the contents of these documents to understand their rights, obligations, and responsibilities. 

Freedom Community Management provides HOA management services in Florida. Call us at 904-490-8191 or contact us online to learn more!