What to Know About Enforcing HOA Rules and Regulations

There are rules… and then there is enforcement. While making the rules is one thing, it can be a whole other challenge to effectively enforce them. Yet enforcing HOA governing documents, including its CC&Rs, bylaws, and other rules and regulations, is crucial for maintaining order and a sense of community within a homeowners’ association. 

Here are some strategies to help you effectively (and legally) enforce HOA rules and regulations in your community.

• Be consistent: No one wants to be the one cracking down on rule violations, but consistently enforcing regulations is the surest way to build trust in your community and ensure a fair living environment for all homeowners. 

• Be clear with your violation policy: Your association should have all policies documented, including how you will handle violations. For example, most HOAs issue warnings before imposing fines.

• Be communicative: When sending a notice to a unit owner, be prompt and clear with your communication. They should know what the issue is and the steps to take to remedy the situation. 

• Be fair: If fines or other penalties are involved, House Bill 919 requires HOAs to provide homeowners an opportunity for a fair hearing before independent hearing committees. 

• Be compliant: As with everything in a Florida condo association, it’s imperative to ensure that any rule enforcement aligns with federal, state, and local laws. 

Enforcing HOA rules and regulations is not a fun part of serving on your HOAs board of directors, but it’s an important responsibility. Your HOA should approach enforcement with transparency, consistency and fairness. To learn more about responsibilities and obligations as condo board members, contact us at Dania Fernandez and Associates, P.A.