HOA Violation Laws Per State

Many states have laws that specifically apply to homeowners associations when it comes to violations and fines. Some states have more comprehensive laws, whereas others do not. To help you sort through the mess, here are the different HOA violation laws per state.

 

What Is an HOA Violation?

Homeowners associations have rules and regulations that members must follow. These rules appear in the governing documents of the HOA, specifically the CC&Rs and the operating rules. Homeowners agree to adhere to these rules upon the purchase of their home in the community. An HOA violation is simply a breach of these rules.

When a homeowner breaks a rule, they face certain penalties. These penalties can differ from one association to another, though they usually include fines and a suspension of privileges. The exact procedures and penalties an HOA may impose depend on two things: state laws and the governing documents.

 

HOA Violation Laws in ALABAMA

 

Alabama Homeowners Association Act

Section 35-20-11 gives the HOA board the authority to assess reasonable penalties for violations after the member receives the opportunity to be heard and represented by counsel before the board to the extent the governing documents permit.

The same section gives the board the authority to exercise the same power against a member’s tenant who violates the rules. The board must provide the tenant and member with notice. After that, the tenant must also receive the opportunity to attend a hearing.

Penalties under this section count as assessments for the purposes of Section 35-20-12 of the Alabama HOA Act. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Alabama Uniform Condominium Act of 1991

Subject to the provisions of the governing documents, Section 35-8A-302 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 35-8A-316 of the AUCA of 1991. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Laws on HOA Violations in ALASKA

 

Alaska Uniform Common Interest Ownership Act

Subject to the provisions of the governing documents, Section 34.08.320 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to attend a hearing.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 34.08.470 of the AUCIOA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

HOA Violation Laws in ARIZONA

 

Arizona Planned Communities Act

Section 33-1803 allows the HOA board to impose reasonable monetary penalties for violations after giving members notice and an opportunity to attend a hearing. The monetary penalty may not charge a fee for the late payment of the fine exceeding $15 or 10% of the unpaid fine. Unless the governing documents provide a longer period, a payment becomes late 15 days (or more) after the due date. When a member pays for an unpaid penalty, the association shall apply the payment to the principal amount first and then to the interest.

A member who receives a written notice from the association stating that their property is in violation of the rules “without regard to whether a monetary penalty is imposed by the notice” may send the HOA a written response via certified mail. The member must send this response within 21 calendar days after the notice date.

As per subsection D, within 10 business days following the receipt of the response, the HOA must respond to the member with a written explanation about the notice. Unless already provided previously in the violation notice, the explanation must contain the following:

• The provision of the governing documents that the member allegedly violated.
• The date of the violation or the date it was observed.
• First and last name of the person/s who observed the violation.
• The process the member must follow to contest the allegation.

 

Arizona Condominium Act

Subject to the provisions of the governing documents, Section 33-1242 gives the association the authority to impose reasonable monetary penalties for violations after giving members notice and an opportunity to attend a hearing.

Penalties under this section do not count as assessments under Section 33-1256 of the Arizona Condominium Act. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Laws on HOA Violations in ARKANSAS

There are no state statutes or acts that specifically apply to homeowners associations in Arkansas, except for the Arkansas Horizontal Property Act. The Arkansas Horizontal Property Act, though, does not address violations and fines.

 

HOA Violation Laws in CALIFORNIA

 

Davis-Stirling Common Interest Development Act

First of all, an association must establish and distribute a schedule of monetary penalties for violations of the governing documents, as per Civil Code Section 5850. Monetary penalties may not exceed the amount stated in the schedule.

Unless the HOA’s governing documents require a longer period, an association must provide a member with a written notice of the violation and hear via first-class mail or personal delivery at least 10 days before the hearing. This is according to Civil Code Section 5855. The notice must contain the following:

• Date, time, and place of the hearing
• The nature of the alleged violation
• A statement that the member has a right to attend the hearing, address the board, and present evidence for their defense

If the member requests to hold the hearing in executive session, the HOA board must comply. Members also have the right to present their defense in writing instead of making a physical appearance at the hearing (Corporations Code Section 7341). Witnesses can attend hearings, too, but there is no right to directly cross-examine them.

 

Decision of Disciplinary Action

The board must make a fair and reasonable decision based on its findings. Following the hearing, if the board decides to impose disciplinary action against the member, it must provide the member with a written notification of the decision. The board must send this notice either via personal delivery or in accordance with Section 4040 within 15 days after the decision unless the governing documents provide for a shorter notice period. This notification should also contain the board’s findings and explain how the board arrived at the decision.

If a rule committee conducts the disciplinary hearing, members can appeal the decision to the HOA board. Members may also ask for internal dispute resolution.

 

Collection of Fines

Homeowners associations cannot charge interest on fines or fine a member twice for the same violation. If a member fails to pay their monetary penalty, the HOA has the following options:

• Suspend the member’s privileges
• Sue the member in small claims court
• File an action in superior court (for amounts that exceed $5,000)

An HOA may turn over an unpaid fine to a collection agency only after it obtains a money judgment in a small claims court or superior court.

Homeowners associations may not treat fines as assessments. Therefore, an HOA may not attempt to collect fines through nonjudicial foreclosures, as per Civil Code Section 5725. However, an HOA may include fines in actions for judicial foreclosures.

 

Laws on HOA Violations in COLORADO

 

Colorado Common Interest Ownership Act

Section 38-33.3-302 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard. However, an HOA may not levy fines against a member for failure to adequately water vegetation or landscapes that are within the member’s responsibility when water restrictions from the local water district are in place and the member is watering that is consistent with the district’s guidelines. An association may ask for proof, though, that the member is adhering to the maximum watering restriction allowed by the district.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 38-33.3-316 of the CCIOA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

According to Section 38-33.3-316.3, the association must also make a good-faith effort to set up a payment plan for any unpaid fines. There are exceptions to this, though. This does not apply if the member does not reside in the unit or obtained the property as a result of a default of a security interest encumbering the unit or foreclosure of the HOA’s lien. Furthermore, an HOA does not have an obligation to offer a payment plan to a member who already entered a payment plan previously.

An association may ask the member to reimburse the cost of collection and reasonable attorney fees as a result of the member’s failure to pay the sum owed. The HOA may do this even without commencing a legal proceeding as per Section 38-33.3-123.

 

HOA Violation Laws in CONNECTICUT

 

Connecticut Condominium Act of 1976

Section 47-75 outlines every member’s obligation to comply with the governing documents of the condominium, including the HOA rules and regulations. Failure to comply can result in an action to recover damages, injunctive relief, or any other relief to which the party bringing the action is entitled. The judgment may include a provision to pay reasonable attorney’s fees.

 

Connecticut Common Interest Ownership Act

Subject to the provisions of the governing documents, Section 47-244 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard.

The same section gives the board the authority to exercise the same power against a member’s tenant who violates the homeowners association rules. The board must provide the tenant and member with notice and an opportunity to attend a hearing.

As per Section 47-278, the board must provide written notice of the hearing via regular mail to the member at least 10 business days before the date of the hearing. The notice must include the nature of the claim as well as the date, time, and place of the hearing.

The member has a right to provide testimony in writing or orally and through a representative or personally. And the HOA board must consider this testimony when making its decision. The board must then send the decision in writing via regular mail to the member no later than 30 days after the date of the hearing.

Moreover, the same section outlines a member’s right to submit a written request for a hearing. The HOA must schedule a hearing no later than 30 days after the association receives the request. The board must provide written notice via regular at least 10 business days before the date of the hearing. This notice must include the date, time, and place of the hearing. Furthermore, the hearing must take place no later than 45 days after the association receives the request.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 47-258 of the Connecticut Common Interest Ownership Act. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Laws on HOA Violations in DELAWARE

 

Delaware Unit Property Act

Section 2210 outlines every member’s obligation to comply with the code of regulations. Failure to comply can result in an action to recover damages or injunctive relief.

 

Delaware Uniform Common Interest Ownership Act

Section 81-302 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard.

The same section gives the board the authority to exercise the same power against a member’s tenant who violates the rules. The board must provide the tenant and member with notice and an opportunity to attend a hearing.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 81-316 of the DUCIOA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences. However, an HOA may not execute a foreclosure action if the sums owed only consist of fines unless the association first secures a judgment and perfects a judgment lien against that unit.

 

HOA Violation Laws in FLORIDA

 

Florida Homeowners Association Act

Section 720.305 gives the association the authority to levy reasonable fines following notice and an opportunity for a hearing. However, this fine may not exceed $100 per violation unless otherwise provided in the governing documents. The board may levy a fine for each day of a continuing violation with a single notice and opportunity to a. However, this fine may not exceed $1,000 in the aggregate unless the governing documents say otherwise.

If the fine is less than $1,000, the association may not place a lien against the property. In any action to collect unpaid fines, the prevailing party is entitled to reasonable attorney fees as the court determines.

Other than a monetary penalty, the association may suspend the right of a member (or their guest or tenant) to use common areas and facilities for violating the association’s governing documents, including the rules. However, the association may not suspend the right of a member to access parts of common areas that provide access or utility services to the property. Additionally, the association may not prevent an owner or tenant’s right to park or their ability to enter and exit the property.

 

Notice and Hearing Requirements

Before the board can levy a fine or suspension, it must first provide notice and an opportunity to be heard at least 14 days prior to the date of the hearing. The hearing must take place before a committee of at least three members the board appoints. These committee members must not be officers, directors, or employees of the HOA. They must also not be related to an officer, director, or employee of the HOA.  If the committee approves the fine, the member must settle the payment 5 days after receiving written notice of the approved fine via mail or personal delivery.

 

More Than 90 Days Delinquent

If the fine is more than 90 days delinquent, the HOA may suspend the member’s rights to use common areas and facilities until they settle the amount in full. Again, this does not apply to parts of common areas that provide access or utility services to the property or access to enter and exit their property, including the right to park. For this particular suspension, the association need not provide an opportunity to attend a hearing.

Moreover, the association may suspend the voting rights of a member whose fine is more than 90 days delinquent. The suspension is lifted upon the full payment of the amount owed. For this particular suspension, the association need not provide an opportunity to be heard.

However, all suspensions must secure approval at a properly noticed board meeting. Upon approval, the HOA must provide the member with notice via mail or personal delivery.

 

Florida Condominium Act

Section 718.303 gives the association the authority to levy reasonable fines following notice and an opportunity for a hearing. The board may levy a fine for each day of a continuing violation with a single notice and opportunity to be heard. However, this fine may not exceed $100 per violation or $1,000 in the aggregate. A fine may not become a lien.

The association may suspend the right of a member (or their guest or tenant) to use common areas and facilities for violating the association’s governing documents, including the rules. However, the association may not suspend the right of a member to access parts of common areas that provide access or utility services to the unit, such as elevators, parking spaces, etc.

 

Notice and Hearing Requirements

Before the board can levy a fine or suspension, it must first provide notice and an opportunity to be heard at least 14 days prior to the date of the hearing. The hearing must take place before a committee of at least three members the board appoints. These committee members must not be officers, directors, or employees of the HOA. They must also not be related to an officer, director, or employee of the HOA.  If the committee approves the fine, the member must settle the payment 5 days after receiving written notice of the approved fine via mail or personal delivery.

 

More Than 90 Days Delinquent

If the fine is more than 90 days delinquent, the HOA may suspend the member’s rights to use common areas and facilities until they settle the amount in full. Again, this does not apply to parts of common areas that provide access or utility services to the property or access to enter and exit their property, including the right to park. For this particular suspension, the association need not provide an opportunity to be heard.

Moreover, the association may suspend the voting rights of a member whose fine is more than 90 days delinquent and exceeds $1,000. The association must provide proof of such obligation 30 days before the suspension takes effect. The suspension is lifted upon the full payment of the amount owed. For this particular suspension, the association need not provide an opportunity to be heard.

However, all suspensions must secure approval at a properly noticed board meeting. Upon approval, the HOA must provide the member with notice via mail or personal delivery.

 

Florida Cooperative Act

Section 719.303 gives the association the authority to levy reasonable fines following notice and an opportunity for a hearing. The board may levy a fine for each day of a continuing violation with a single notice and opportunity to be heard. However, this fine may not exceed $100 per violation or $1,000 in the aggregate. A fine may not become a lien.

The association may suspend the right of a member (or their guest or tenant) to use common areas and facilities for violating the association’s governing documents, including the rules. However, the association may not suspend the right of a member to access parts of common areas that provide access or utility services to the unit, such as elevators, parking spaces, etc.

 

Notice and Hearing Requirements

Before the board can levy a fine or suspension, it must first provide notice and an opportunity to be heard at least 14 days prior to the date of the hearing. The hearing must take place before a committee of at least three members the board appoints. These committee members must not be officers, directors, or employees of the HOA. They must also not be related to an officer, director, or employee of the HOA.  If the committee approves the fine, the member must settle the payment 5 days after receiving written notice of the approved fine via mail or personal delivery.

 

More Than 90 Days Delinquent

If the fine is more than 90 days delinquent, the HOA may suspend the member’s rights to use common areas and facilities until they settle the amount in full. Again, this does not apply to parts of common areas that provide access or utility services to the property or access to enter and exit their property, including the right to park. For this particular suspension, the association need not provide an opportunity to be heard.

Moreover, the association may suspend the voting rights of a member whose fine is more than 90 days delinquent and exceeds $1,000. The association must provide proof of such obligation 30 days before the suspension takes effect. The suspension is lifted upon the full payment of the amount owed. For this particular suspension, the association need not provide an opportunity to be heard.

However, all suspensions must secure approval at a properly noticed board meeting. Upon approval, the HOA must provide the member with notice via mail or personal delivery.

 

Laws on HOA Violations in GEORGIA

 

Georgia Property Owners Association Act

Section 44-3-223 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages or injunctive relief. This section also gives the HOA the authority to assess fines, temporarily suspend voting rights, and temporarily suspend the right to use common areas and services for noncompliance, provided the governing documents permit so. However, the association may not deny members access to their property.

As per Section 44-3-232, unpaid fines can constitute a lien in favor of the association.

 

Georgia Condominium Act

Section 44-3-76 outlines every member’s obligation to comply with the condominium instruments. Failure to comply can result in an action to recover damages or injunctive relief. This section also gives the HOA the authority to assess fines, temporarily suspend voting rights, and temporarily suspend the right to use common areas and services for noncompliance, provided the governing documents permit so. However, the association may not deny members access to their units.

As per Section 44-3-109, unpaid fines can constitute a lien in favor of the association.

 

HOA Violation Laws in HAWAII

 

Hawaii Planned Community Associations

Section 421J-10.5 prohibits an association from nonjudicially foreclosing on a lien that solely consists of fines.

 

Hawaii Condominium Property Act

Subject to the provisions of the governing documents, Section 514B-104 outlines the association’s power to levy reasonable fines for violations of the governing documents in accordance with the bylaws. If the bylaws are silent, the board must adopt a resolution establishing a fine procedure. The board must provide notice and an opportunity to be heard. If the member pays the fine, the member possesses the right to initiate a dispute resolution process.

The same section outlines the association’s power to levy reasonable fines against tenants for violations of the governing documents after providing notice and an opportunity to be heard. However, the unit owner is responsible for the tenant’s behavior and any fines levied against the tenant.

Section 514B-146 prohibits an association from nonjudicially foreclosing on a lien that solely consists of fines.

 

Laws on HOA Violations in IDAHO

 

Homeowner’s Association – Prohibited Conduct

Section 55-115 allows an association to impose a fine for violations of the rules provided this authority is clearly set forth in the covenants and restrictions of the HOA. There are also additional requirements, such as:

• Before imposing any fine for a violation, a majority vote by the board must take place.
• The association must provide the member with written notice of the meeting where the vote will take place at least 30 days before the meeting via personal service or certified mail.
• If the member starts to resolve the violation before the meeting, the association shall not impose a fine, provided the member fully resolves the violation.
• Fines or any portion of fines may not be used to supplement the salary or wage of any board member or agent.

 

HOA Violation Laws in ILLINOIS

 

Illinois Common Interest Community Association Act

Section 1-30 outlines an HOA board’s authority to levy and collect reasonable fines from members who violate the governing documents of the association. However, the board must first provide notice and an opportunity to be heard.

 

Illinois Condominium Property Act

Section 18.4 outlines the board’s power to levy reasonable fines for violations of the governing documents after providing members with notice and an opportunity to be heard.

Section 9 states that any payment of common expenses or unpaid fine when due shall constitute a lien against the unit. This includes any interest, late charges, reasonable attorney fees, and collection costs.

 

Laws on HOA Violations in INDIANA

Neither the Indiana Homeowners Association Act nor the Indiana Condominium Act contains provisions addressing fines and violations.

 

HOA Violation Laws in IOWA

There are no state statutes or acts that specifically apply to homeowners associations in Iowa, except for the Iowa Horizontal Property Act. The Iowa Horizontal Property Act, though, does not address violations and fines.

 

Laws on HOA Violations in KANSAS

 

Kansas Uniform Common Interest Owners’ Bill of Rights

Section 58-4608 outlines an association’s authority to impose sanctions or commence an action for a violation of the governing documents.

 

Kansas Apartment Ownership Act

Section 58-3107 outlines every member’s obligation to comply with the association’s governing documents, including the rules and regulations. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

HOA Violation Laws in KENTUCKY

 

Kentucky Condominium Act

Subject to the provisions of the governing documents, Section 381.9167 gives the association the authority to levy reasonable fines for violations of the governing documents after the member receives notice and an opportunity to be heard.

Unless otherwise provided in the governing documents, fines under this section count as assessments under Section 381.9193 of the Kentucky Condominium Act. Thus, any unpaid fines are considered unpaid assessments and carry the same consequences.

 

Laws on HOA Violations in LOUISIANA

 

Louisiana Condominium Act

Subject to the provisions of the governing documents, Section 1123.102 outlines an association’s authority to levy reasonable fines for violations of the governing documents after providing notice and an opportunity to be heard. When the violation is a member’s failure to pay for services, the association may suspend those services until the member remedies the violation.

 

HOA Violation Laws in MAINE

 

Maine Condominium Act

Subject to the provisions of the governing documents, Section 1603-102 outlines an association’s authority to levy reasonable fines for violations of the governing documents after providing notice and an opportunity to be heard.

Unless the governing documents provide otherwise, fines under this section count as assessments under Section 1603-116 of the Maine Condominium Act. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Maine Unit Ownership Act

Section 566 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

Laws on HOA Violations in MARYLAND

 

Maryland Condominium Act

Except as provided in the governing documents, Section 11-109 outlines an association’s authority to levy reasonable fines for violations of the governing documents after providing notice and an opportunity to be heard.

 

HOA Violation Laws in MASSACHUSETTS

 

Massachusetts Condominium Statute

Section 10 outlines an association’s authority to levy reasonable fines for violations of the governing documents. Interestingly, the statute does not specifically mention a requirement to provide notice or an opportunity to be heard.

 

Laws on HOA Violations in MICHIGAN

While the Michigan Condominium Act governs condominiums in the state of Michigan. However, the Act does not specifically address fines and violations of the governing documents.

 

HOA Violation Laws in MINNESOTA

Minnesota Common Interest Ownership Act

Subject to the provisions of the governing documents, Section 515B.3-102 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard by the board or a board-appointed committee.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 515B.3-116 of the MCIOA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Minnesota Condominium Act

Section 515.07 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

Minnesota Uniform Condominium Act

Unless otherwise limited by the governing documents, Section 515A.3-102 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard.

 

Laws on HOA Violations in MISSISSIPPI

While the Mississippi Condominium Law governs condominiums in the state of Mississippi. However, the Act does not specifically address fines and violations of the governing documents.

 

HOA Violation Laws in MISSOURI

 

Missouri Uniform Condominium Act

Subject to the provisions of the governing documents, Section 448.3-102 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 448.3-116 of the MUCA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Laws on HOA Violations in MONTANA

 

Montana Unit Ownership Act

Section 70-23-506 outlines every member’s obligation to comply with the governing documents. Failure to comply is grounds for action.

 

HOA Violation Laws in NEBRASKA

 

Nebraska Condominium Act

Subject to the provisions of the governing documents, Section 76-860 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard.

 

Laws on HOA Violations in NEVADA

 

Nevada Uniform Common-Interest Ownership Act

Subject to the provisions of the governing documents, Section 116.3102 outlines an association’s ability to impose reasonable fines for violations of the governing documents. However, to do so, the association must comply with the requirements under Section 116.31031. The board may also prohibit a member (or their tenant or guest) from voting on HOA-related matters and from using the common elements (except when it relates to the vehicular or pedestrian ingress or egress of the member to and from their unit).

An association may not impose a fine for a violation that involves a vehicle, and that is committed by a person delivering goods or performing services for the member (or their tenant or guest).

If the violation threatens the safety, health, and welfare of members, the amount of the fine must reflect the severity of the violation while still complying with the governing documents. However, the amount may not exceed $100 for each violation of $1,000 in total per hearing. This cap does not apply to costs that the HOA might incur while attempting to collect a past-due fine. Section 116.310313 allows an association to charge reasonable collection fees.

 

Other Requirements

Section 116.31031 also details the notice requirements of violations and what actions to take prior to imposing a fine. The same section requires an association to hold a hearing prior to imposing a fine, with certain exceptions.

Section 116.310315 deals with accounting for fines that the HOA imposes. If the HOA imposes a fine for violations, the association must establish a compliance account to account for the fine. This account must stand separate from any account the association created for assessments.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 116.3116 of the NUCIOA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

HOA Violation Laws in NEW HAMPSHIRE

 

New Hampshire Condominium Act

Section 356-B:15 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or any other lawful remedy.

 

Laws on HOA Violations in NEW JERSEY

 

New Jersey Condominium Act

Section 46:8B-15 outlines an association’s power to levy reasonable fines for violations provided the governing documents authorized it to do so. However, there are some exceptions. First, the fine may not exceed the maximum penalty permitted under Section 55:13A-19. An association also may not impose fines for moving automobile violations. Finally, the association may only impose a fine if it provides written notice to the member and an opportunity to participate in a dispute resolution process.

 

New Jersey Horizontal Property Act

Section 46:8A-19 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

HOA Violation Laws in NEW MEXICO

 

New Mexico Homeowners Association Act

Unless otherwise stated in the governing documents, Section 47-16-18 outlines an association’s authority to levy reasonable fines or temporarily suspend a member’s right to use common areas for violations of the governing documents after providing written notice and an opportunity to be heard.

Before imposing a fine or suspension, the board must give the member a chance to submit a written statement or attend a hearing before the board or a board-appointed committee. The board must provide written notice 14 days prior to the hearing. However, the board does not need to provide notice or an opportunity to be heard for violations that imminently threaten the health and safety of the public.

If the member does not submit a written statement or request a hearing, the board may impose a fine or suspension. The calculation of the fine or suspension must take place from the date of the violation.

Section 47-16-6 permits an association to place a lien on a lot for fines imposed against the owner from the time the fine becomes due.

 

New Mexico Building Ownership Act

Section 47-7-7 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

New Mexico Condominium Act

Subject to the provisions of the governing documents, Section 47-7C-2 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 47-7C-16 of the NMCA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Laws on HOA Violations in NEW YORK

 

New York Condominium Act

Section 339-j outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

HOA Violation Laws in NORTH CAROLINA

 

North Carolina Planned Community Act

Section 47F-3-102 outlines an association’s authority to impose reasonable fines or suspend privileges or services for violations of the governing documents after providing notice and an opportunity to be heard. An HOA may not impose fines or suspend privileges if the governing documents do not allow it. However, the association may not prevent an owner from accessing their lot.

Unless the governing documents expressly detail a specific procedure, an association must follow Section 47F-3-107.1 when imposing fines or suspending privileges or services. The association must provide the member with notice of the charge, an opportunity to attend a hearing and present evidence, and notice of the decision. Hearings must take place before the board or a board-appointed adjudicatory panel. The panel must not consist of board members or officers.

When imposing fines, the association may not exceed $100 for each day more than 5 days after the decision without further hearing. Suspensions may continue without further hearing until the member remedies the violation. If the hearing took place before an adjudicatory panel, members may appeal the decision to the HOA board by providing written notice within 15 days following the date of the decision.

Fines count as assessments and, therefore, may turn into liens. However, Section 47F-3-116 provides that an association may only use judicial foreclosure on liens that consist solely of fines, interest on unpaid fines, and attorneys’ fees. An association also may not charge a fee for collection, administration, consulting, or service unless the governing documents specifically state otherwise.

 

North Carolina Condominium Act

Section 47C-3-102 outlines an association’s authority to impose reasonable fines or suspend privileges or services for violations of the governing documents after providing notice and an opportunity to be heard. An HOA may not impose fines or suspend privileges if the governing documents do not allow it. However, the association may not prevent an owner from accessing their unit.

Unless the governing documents expressly detail a specific procedure, an association must follow Section 47C-3-107.1 when imposing fines or suspending privileges or services. The association must provide the member with notice of the charge, an opportunity to attend a hearing and present evidence, and notice of the decision. Hearings must take place before the board or a board-appointed adjudicatory panel. The panel must not consist of board members or officers.

When imposing fines, the association may not exceed $100 for each day more than 5 days after the decision without further hearing. Suspensions may continue without further hearing until the member remedies the violation. If the hearing took place before an adjudicatory panel, members may appeal the decision to the condo board by providing written notice within 15 days following the date of the decision.

Fines count as assessments and, therefore, may turn into liens. However, Section 47C-3-116 provides that an association may only use judicial foreclosure on liens that consist solely of fines, interest on unpaid fines, and attorneys’ fees. An association also may not charge a fee for collection, administration, consulting, or service unless the governing documents specifically state otherwise.

 

North Carolina Unit Ownership Act

Section 47A-10 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

Laws on HOA Violations in NORTH DAKOTA

There are no state statutes or acts that specifically apply to homeowners associations in North Dakota, except for the North Dakota Condominium Ownership of Real Property. The NDCORP, though, does not address violations and fines.

 

HOA Violation Laws in OHIO

 

Ohio Planned Community Law

Unless otherwise provided in the governing documents, Section 5312.06 gives the association the authority to enforce assessments for violations. Section 5312.12 permits an association to place a lien on a lot for enforcement assessments that remain unpaid 10 days after becoming due.

 

Ohio Condominium Property Act

Unless otherwise provided in the governing documents, Section 5311.081 gives the association the authority to enforce assessments for violations. Before an enforcement assessment, though, the board must provide written notice that includes a description of the violation, the amount of the proposed assessment, a statement that the member has a right to a hearing to contest the charge, the procedures to request a hearing, and an opportunity to cure the violation by a reasonable date to avoid the assessment.

To request a hearing, the member shall submit written notice to the board no later than 10 days after receiving the violation notice. Failure to submit a request within the specified timeframe waives the owner’s right to a hearing. At this point, the board can impose the enforcement assessment.

If the member requests a hearing, the board shall provide notice of the hearing at least 7 days before the date of the hearing. The notice should include the date, time, and place of the hearing.

An association may not levy a charge or assessment prior to holding any hearing requested. After a hearing, if the board decides to impose a charge, the board must provide written notice of the charge within 30 days after the hearing.

The association must deliver all written notices via personal delivery, regular mail, certified mail, or return receipt requested.

 

Laws on HOA Violations in OKLAHOMA

 

Oklahoma Unit Ownership Estate Act

Section 60-508 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

HOA Violation Laws in OREGON

 

Oregon Planned Community Act

Except as otherwise provided in the governing documents, Section 94.630 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard. The fine, however, must be based on a schedule expressly outlined in the governing documents, an amendment to them, or a resolution by the board, mailed to the mailing address of each member or the mailing addresses the owners designed in writing.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 94.709 of the OPCA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Oregon Condominium Act

Subject to the provisions of the governing documents, Section 100.405 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard. The fine, however, must be based on a schedule expressly outlined in the governing documents, an amendment to them, or a resolution by the board, mailed to the mailing address of each member or the mailing addresses the owners designed in writing.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 100.450 of the Oregon Condominium Act. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Laws on HOA Violations in PENNSYLVANIA

 

Pennsylvania Uniform Planned Community Act

Subject to the provisions of the governing documents, Section 5302 gives the association the authority to levy reasonable fines and suspend membership rights for violations after giving members notice and an opportunity to be heard.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 5315 of the PUPCA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Pennsylvania Uniform Condominium Act

Subject to the provisions of the governing documents, Section 3302 gives the association the authority to levy reasonable fines and suspend membership rights for violations after giving members notice and an opportunity to be heard.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 3315 of the PUCA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Pennsylvania Real Estate Cooperative Act

Subject to the provisions of the governing documents, Section 4302 gives the association the authority to levy reasonable fines and suspend membership rights for violations after giving members notice and an opportunity to be heard.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 4315 of the PRECA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

HOA Violation Laws in RHODE ISLAND

 

Rhode Island Condominium Ownership Act

Section 34-36-8 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

Rhode Island Condominium Act

Subject to the provisions of the governing documents, Section 34-36.1-3.02 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 34-36.1-3.16 of the RICA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Laws on HOA Violations in SOUTH CAROLINA

 

South Carolina Horizontal Property Act

Section 27-31-170 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

HOA Violation Laws in SOUTH DAKOTA

There are no state statutes or acts that specifically apply to homeowners associations in South Dakota. The South Dakota Condominium Law applies to condominiums that elect to be governed by the act. The South Dakota Condominium Law, though, does not address violations and fines.

 

Laws on HOA Violations in TENNESSEE

 

Tennessee Condominium Act of 2008

Subject to the provisions of the governing documents, Section 66-27-402 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 66-27-415 of the TCA of 2008. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

HOA Violation Laws in TEXAS

 

Texas Property Code

Currently, Texas law does not expressly give associations the authority to levy fines. However, if the association’s governing documents authorize it, then the association may impose reasonable fines for violations. The association must provide written notice via certified mail prior to imposing the fine.

According to Section 209.006 of the Texas Property Code, the notice must include the following:

• A description of the violation
• The amount the member owes to the HOA arising from the violation
• A statement that the member has 30 days from the mailing date of the notice to request a hearing
• Notice of any special rights or relief the member may have
• A reasonable timeframe for the member to cure the violation and avoid the fine

The final provision only applies if the violation is a curable violation and does not pose a threat to the health and safety of the public.

 

Texas Uniform Condominium Act

Unless otherwise provided in the governing documents, Section 82.102 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard. The association must provide written notice via certified mail prior to imposing the fine.

The notice must include the following:

• A description of the violation
• The amount the member owes to the HOA arising from the violation
• A statement that the member has 30 days from the mailing date of the notice to request a hearing
• Notice of any special rights or relief the member may have
• A reasonable timeframe for the member to cure the violation and avoid the fine

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 82.113 of the TUCA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences. However, the association may not foreclose on a lien that consists solely of fines.

 

Laws on HOA Violations in UTAH

 

Utah Community Association Act

Section 57-8a-208 allows an association to assess a fine against a member who violates the governing documents. However, the board must first provide written notice consisting of the following:

• A description of the violation
• The rule or provision that the member allegedly violated
• A statement that the board may assess fines if the violation continues and is not remedied or if the member commits similar violations within a year
• If the violation is a continuing violation, a statement that the member has at least 48 hours to cure the violation

The board may assess a fine if the member commits the same violation within a year of the date when the board issued a written warning. The board may also assess a fine if the member fails to cure the violation within the given time period.

Governing documents permitting, the board may assess an additional fine without further warning each time the member commits the same violation within a year of the date when the board assessed a fine or when the member lets a violation continue for 10 days or more.

The board may not assess a fine for a rule that does not appear in the governing documents. The fine amount should also follow the provisions of the governing documents and accrue interest or late fees in the same manner.

Section 57-8a-212.5 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

Section 57-8a-218 allows an association to deny a member their privileges if they violate the governing documents.

As per Section 57-8a-301, an association can have a lien on a lot for fines, with certain requirements.

 

Disciplinary Hearing

To contest the fine, a member may request an informal hearing before the board within 30 days after they receive the notice of the fine. The board must provide the member with a reasonable opportunity to present their position and allow any person/s involved in the hearing to participate via electronic means.

The association may not accrue interest or late fees until after the board delivers the final decision following the hearing, provided the member requested the hearing within the permitted time period. A member may appeal a fine through civil action within 180 days after:

• The day the member receives the final decision (provided they requested the hearing within the permitted time period)
• The day on which the time to request a hearing expires (if they failed to request a hearing within the permitted time period)

 

Utah Condominium Ownership Act

Section 57-8-37 allows an association to assess a fine against a member who violates the governing documents. However, the board must first provide written notice consisting of the following:

• A description of the violation
• The rule or provision that the member allegedly violated
• A statement that the board may assess fines if the violation continues and is not remedied or if the member commits similar violations within a year
• If the violation is a continuing violation, a statement that the member has at least 48 hours to cure the violation

The board may assess a fine if the member commits the same violation within a year of the date when the board issued a written warning. The board may also assess a fine if the member fails to cure the violation within the given time period.

Governing documents permitting, the board may assess an additional fine without further warning each time the member commits the same violation within a year of the date when the board assessed a fine or when the member lets a violation continue for 10 days or more.

The board may not assess a fine for a rule that does not appear in the governing documents. The fine amount should also follow the provisions of the governing documents and accrue interest or late fees in the same manner.

Section 57-8-8 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

As per Section 57-8-44, an association can have a lien on a lot for fines with certain requirements.

 

Disciplinary Hearing

To contest the fine, a member may request an informal hearing before the board within 30 days after they receive the notice of the fine. The board must provide the member with a reasonable opportunity to present their position and allow any person/s involved in the hearing to participate via electronic means.

The association may not accrue interest or late fees until after the board delivers the final decision following the hearing, provided the member requested the hearing within the permitted time period. A member may appeal a fine through civil action within 180 days after:

• The day the member receives the final decision (provided they requested the hearing within the permitted time period)
• The day on which the time to request a hearing expires (if they failed to request a hearing within the permitted time period)

 

HOA Violation Laws in VERMONT

 

Vermont Common Interest Ownership Act

Subject to the provisions of the governing documents, Section 3-102 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to be heard. The same applies to tenants.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 3-116 of the VCIOA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

Vermont Condominium Ownership Act

Section 1307 outlines every member’s obligation to comply with the governing documents. Failure to comply can result in an action to recover damages, injunctive relief, or both.

 

Laws on HOA Violations in VIRGINIA

 

Virginia Property Owners Association Act

To the extent that the governing documents allow, Section 55.1-1819 gives the association the authority to assess charges and suspend a member’s right to facilities and services for violations after giving members notice and an opportunity to attend a hearing. The suspension must not restrict access to the lot or pose a threat to public health and safety. Prior to any action, though, the board must provide the member with an opportunity to correct the violation.

No charge shall exceed $50 for a single offense and $10 per day for continuing offenses. However, the association may treat the charge as an assessment under Section 55.1-1833. The board may also file legal action (or defense against it) that seeks relief resulting from any violation.

 

Virginia Condominium Act

To the extent that the governing documents allow, Section 55.1-1959 gives the association the authority to assess charges and suspend a member’s right to facilities and services for violations after giving members notice and an opportunity to attend a hearing. The suspension must not restrict access to the lot or pose a threat to public health and safety. Prior to any action, though, the board must provide the member with an opportunity to correct the violation.

No charge shall exceed $50 for a single offense and $10 per day for continuing offenses. However, the association may treat the charge as an assessment under Section 55.1-1966. The board may also file legal action (or defense against it) that seeks relief resulting from any violation.

 

HOA Violation Laws in WASHINGTON

 

Washington Uniform Common Interest Ownership Act

Subject to the provisions of the governing documents, Section 64.90.405 gives the association the authority to impose and collect reasonable fines for violations after giving members notice and an opportunity to attend a hearing. The association must do this in accordance with a schedule that it previously established and distributed to members. Fines are not included in lien foreclosures as per Section 64.90.485.

 

Washington Condominium Act

Subject to the provisions of the governing documents, Section 64.34.304 gives the association the authority to impose and collect reasonable fines for violations after giving members notice and an opportunity to attend a hearing. The association must do this in accordance with a schedule that it previously established and distributed to members. Fines are not included in lien foreclosures as per Section 64.34.364.

 

Laws on HOA Violations in WEST VIRGINIA

 

West Virginia Uniform Common Interest Ownership Act

Subject to the provisions of the governing documents, Section 36B-3-102 gives the association the authority to levy reasonable fines for violations after giving members notice and an opportunity to attend a hearing.

Unless stated otherwise in the declaration, fines under this section count as assessments under Section 36B-3-116 of the WVUCIOA. Thus, the act considers any unpaid fines as unpaid assessments, thereby carrying the same consequences.

 

HOA Violation Laws in WISCONSIN

 

Wisconsin Condominium Ownership Act

According to Section 703.24, owners are liable for any fines arising from a violation of the governing documents. Tenants are also liable for their own violations. The association must provide notice that includes the amount of the fine and a statement that the owner will assume the liability for the fine if the tenant fails to pay the fine within 30 days. However, the owner may collect the amount from the tenant. Under Section 703.165, liens count as assessments.

 

Laws on HOA Violations in WYOMING

There are no state statutes or acts that specifically apply to homeowners associations in Wyoming, except for the Wyoming Condominium Ownership Act. The Wyoming Condominium Ownership Act, though, does not address violations and fines.

 

Frequently Asked Questions

 

What are common examples of HOA rules and regulations?

While no two associations are exactly alike, some HOA restrictions are more common than others. These include the following:

• Architectural rules. Most HOAs have rules that regulate any architectural modifications, improvements, or additions. These can also include exterior storage, such as sheds and garages.
• Property use and maintenance. Homeowners normally have maintenance obligations to fulfill. Additionally, there are certain property use restrictions, such as prohibiting commercial business operations from the home.
• Pet rules. An HOA might have restrictions on pets, such as size, breed, and the number of pets an owner may keep.
• Parking or vehicle rules. Some HOAs don’t allow homeowners to park in their driveways or on private streets. Many also don’t allow RVs or commercial vehicles.
• HOA backyard rules or landscaping. An HOA may require homeowners to keep their backyards and lawns clean and well-maintained.
• Rental restrictions. It is common for an HOA to prohibit or regulate rentals in the community.
• Trash collection rules. An HOA may require homeowners to place their trash receptacles at a certain location and only during certain hours of the day.
• Noise rules. More often than not, HOAs prohibit excessive noise to keep the peace in the community.
• Holiday decoration rules. Associations might only allow holiday decorations during certain periods of the year. Moreover, they may prohibit profane decor and lights that are too bright.

 

Can HOA fine you?

Generally, an HOA can fine a homeowner for breaking the rules. However, it is important to check state laws and the association’s governing documents to confirm this authority. Additionally, an HOA should come up with a fine policy. This HOA policy dictates how much fines should be depending on the type of violation and the schedule of fines.

 

Can an HOA put a lien on your house for violations?

In general, an HOA can only place a lien on your home if you violate your obligation to pay dues and assessments. For unpaid fines arising out of rule violations, whether or not a lien can follow ultimately depends on state laws.

Some states, such as Georgia, allow unpaid fines to constitute a lien. Others allow liens if fines reach a certain amount. However, some states don’t allow HOAs to place a lien on a home if the unpaid debt only consists of fines.

 

Can you leave an HOA?

Most HOA memberships are mandatory. As such, the only way to leave this kind of HOA is to sell your home. Some HOAs are voluntary, though, and allow you to leave on your own accord.

 

What can HOA do if I don’t comply?

Failure to comply with the HOA’s rules can result in several penalties. For one thing, an HOA may impose fines, which can accumulate with each passing day the violation remains unaddressed. An HOA may also suspend a member’s privileges, which can include the ability to use common facilities.

State laws permitting, an HOA may also enter an owner’s property to remedy the violation, especially if the violation jeopardizes the safety of others. An HOA can also take legal action against an owner in an attempt to get the owner to comply. While not always permitted, an HOA may even place a lien on the home.

 

What happens if you don’t follow HOA rules?

When you don’t follow HOA rules, the HOA can take enforcement actions. These include imposing fines, suspending your privileges, entering your property to remedy the violation, taking legal action, and even attaching a lien to your home (in some cases).

It is in your best interest to follow the rules of your HOA. These rules serve a purpose — they help maintain curb appeal and preserve property values. In the end, by following the rules of the HOA, you are essentially protecting your investment.

 

Do you have to follow HOA rules?

Homeowners agree to follow the HOA’s rules upon purchase of the home. Before purchasing a home in an HOA community, buyers are given access to the HOA’s governing documents, including the rules and regulations. If a buyer dislikes the rules, they can cancel the sale and look for another home. Keep in mind that the HOA’s governing documents are legally binding and enforceable.

 

Can you legally ignore a HOA?

If you break a rule and receive a violation notice, do not ignore it. Read the notice and determine whether or not the violation is warranted based on your governing documents. More often than not, HOAs need to give you a chance to appear before the board for a disciplinary hearing. Here, you can explain your side and present evidence to support your case.

If you ignore your HOA and its rules, your violations and penalties may begin to stack up. This will ultimately result in more problems down the road. You may even face legal action and lose your home.

 

Can the police enforce HOA rules?

No, the police do not have the authority to enforce the HOA’s rules. The police can only enforce the law. However, if the violation or behavior is illegal, then the HOA can involve the police in the situation.

 

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