HOA Violations, Fines, and Selective Enforcement: What You Need to Know
HOA Violations
fines, and selective enforcement
Living in an HOA community can come with its benefits, but it also comes with a set of rules and regulations. When homeowners violate these rules, HOAs often threaten fines as a way to enforce compliance. However, many homeowners are unaware of their rights when it comes to these fines and may feel unsure about how to handle an HOA violation notice.
If you violate a rule of the HOA, your HOA may threaten to fine you. Unlike assessments, an HOA cannot foreclose over fines or penalties. The only way the HOA can collect fines from you is if you voluntarily pay them, or if the HOA files a lawsuit against you to collect them.
Under Arizona law, an HOA may not issue a fine until it first offers you a hearing before the board of directors. If the HOA fails to provide you an opportunity for a hearing before the fine is imposed, the fine is illegal and not enforceable. Arizona law also requires that fines be reasonable. What is a reasonable fine? It might be easier to answer what constitutes an unreasonable fine. The following are some examples of what arguably might make a fine unreasonable:
The failure of the HOA’s board of directors to properly adopt a fine policy.
—Was it passed in an open meeting or in secret?A fine that is inconsistent with the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”).
—Do the CC&Rs impose restrictions on fines or other limitations?The lack of a published fine policy.
—Have you ever received a copy? Is it on a website?A fine that appears to be arbitrary, random, or “ad hoc.”
—Does the board or committee decide the fine in response to the violation?A fine that is unrelated to correcting the violation.
—Does the punishment not fit the “crime”?A fine for a violation that others are committing.
—Are you the victim of selective enforcement?Is there even a violation?
—If no violation, then no fine.
The above list is not intended to be exhaustive. Whether a fine is reasonable is often a fact-intensive question. Whether a violation exists, likewise, is another question that is not as black and white as your HOA will suggest it is. Consider the example of weeds sprouting after the rain. If it rains on Saturday and your yard has a handful of weeds by Tuesday, is that a violation? If you pull those weeds but new weeds grow, does it justify a $25.00 or $50.00 fine for a “continuing violation”?
Closely related to the topic of violations and fines is selective enforcement. An HOA has an obligation to treat all owners fairly and equally. It cannot give a free pass to one owner or board member but fine other owners for the same condition.
How to Respond When You Receive a Violation Notice
If you find yourself on the receiving end of a violation notice, it’s important to remain calm and approach the situation methodically. Here are a few steps to consider:
Review the Violation Carefully: Before taking any action, review the violation notice thoroughly. Take note of the specific rule or regulation the HOA claims you violated. This will help you understand whether the violation is valid and if any discrepancies exist.
Document Everything: If you believe the violation is unjust or a case of selective enforcement, document the situation with photos, dates, and any correspondence between you and the HOA. This evidence can be valuable if you decide to contest the violation or attend a hearing.
Know Your Rights: Arizona law is clear about your right to a hearing before any fine is imposed. Request a hearing and use this opportunity to present your case. Be prepared to explain your side clearly and calmly.
Consult Your CC&Rs: The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is the governing document of your HOA. Before agreeing to pay any fines, make sure the violation is consistent with the rules outlined in the CC&Rs.
Check for a Fine Policy: Ask the HOA for its official fine policy. The HOA is required to have a clear, consistent fine schedule that is shared with homeowners. If you were never provided with this information, that could work in your favor.
Seek Legal Advice: If the situation escalates or you feel you are being treated unfairly, it may be beneficial to consult with a local attorney who specializes in HOA law. They can help assess whether the HOA is acting within its legal rights and advise you on next steps.
Selective Enforcement: What You Can Do
Selective enforcement is a common issue many homeowners face when dealing with HOAs. If your HOA is enforcing rules against you but ignoring the same violations committed by others, this could be a violation of Arizona law, which mandates that HOAs treat all homeowners equally.
To prove selective enforcement, you’ll need to gather evidence. This may include photos of other homes in your neighborhood with the same violation, witness testimony, or copies of other homeowners’ violation notices (or lack thereof). This evidence can be crucial if you decide to contest the fine or escalate the issue legally.
Tips for Avoiding Future Violations
Even if you successfully contest a violation or fine, it’s worth considering how to avoid future issues with your HOA. Here are a few tips:
Attend HOA Meetings: One of the best ways to stay informed about HOA rules and regulations is to attend meetings. This will give you insight into any upcoming changes and a chance to voice your opinions before decisions are made.
Stay Informed: Make sure you have a copy of the latest CC&Rs and fine policy. Review them periodically to ensure you’re following the rules and avoid any accidental violations.
Build Positive Relationships: If possible, build a positive rapport with HOA board members and neighbors. This can go a long way in preventing disputes and promoting a more harmonious community environment.
Final Thoughts
Dealing with HOA violations, fines, and selective enforcement can be a frustrating and stressful experience. However, by understanding your rights and staying informed, you can navigate these situations with confidence. Remember that while HOAs play an important role in maintaining community standards, they are also required to follow the law and treat all homeowners fairly. If you believe you’re being unfairly targeted or fined, don’t hesitate to challenge the violation and seek legal assistance if necessary.
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