Common Bylaw Violations and How to Address Them in Your HOA

In communities that choose to be governed, it is up to homeowners associations (HOAs) to set and enforce the rules everyone in that community must agree to follow. These rules are known as bylaws, and they are primarily in place to establish and maintain specific standards within the community, with the general idea of upholding and enhancing the neighborhood in various ways.

Bylaws are generally applied evenly to all homeowners living in a particular community, which fosters a sense of fairness and equality and prevents individual homeowners from being allowed to do things that may disrupt the overall harmony of the neighborhood.

In addition to regulating the conduct of the community’s members and maintaining order within the community, bylaws are in place to help protect the property values of the houses within the community by preventing actions or conditions that may negatively impact the overall appeal and desirability of the community.

Therefore, bylaws often focus on ensuring a consistent and appealing aesthetic among all the houses within a community or promoting safety and well-being. An HOA’s bylaws typically come into place when the community is first established, and they may be drafted by either the community’s developer or a founding committee.

Enforcing these bylaws then becomes the responsibility of the HOA’s governing board.

What are the most common bylaw violations?

When rules are in place, such as the bylaws set forth by an HOA, they are bound to be broken by specific individuals at one point or another, sometimes due to innocent mistakes and occasionally due to negligence.

While rules and regulations naturally differ from one HOA to another, the following are some of the most common HOA rule violations that tend to occur in HOA-governed communities:

1. Landscaping Violations

One of the main focuses of most HOAs is ensuring curb appeal is maintained throughout the neighborhood to keep up the general appearance of the community. Therefore, the HOA is responsible for overseeing each house's physical appearance, especially regarding the exterior and the landscaping in the front yard. Many HOAs only allow certain plants, shrubs, and trees and may even offer guidelines for where everything should be planted.

Violations tend to occur when people plant things outside these allowances or when certain homeowners allow their lawns to become overgrown and full of unsightly weeds.

2. Fencing Violations

HOAs often have stipulations about the type and color of fences that residents can put around their properties. This rule concerns the upkeep of appearances but can also relate to the community’s safety, as some fences are more prone to being flung through the air if heavy winds strike.

Thus, when residents install fences that do not adhere to the physical parameters set by the HOA, this is a bylaw violation.

3. Trash Can Violations

As they are responsible for the general upkeep of the neighborhood, both in terms of cleanliness and appearance, rules governing where garbage bins should be kept are common for HOAs.

In most cases, it is required that they are kept out of sight. In addition, in some neighborhoods, the HOA may have rules about specific items that cannot be discarded in the trash and have to be dispensed of differently.

For instance, putting out boxes that have yet to be broken down, old furniture, or electronics may all violate these rules.

If residents put out any of these items, put out their trash too early, or do not bring in their bins promptly after the garbage has been taken away, they could be breaking bylaws within the community.

4. Noise Violations

While no HOA expects complete silence within a neighborhood, many have bylaws that restrict loud noises during certain hours of the day or night. These rules are primarily in place to make sleeping comfortably easier for everyone in the neighborhood.

If someone hosts a party that goes late or decides to take up a new instrument and practice early in the morning, they may violate this kind of bylaw.

What is the best way to address bylaw violations in your HOA?

When HOA rule violations take place, it is crucial to have a plan in place for dealing with them. Bylaw violations must be taken seriously and dealt with promptly to uphold the community values these rules are meant to foster. The following are some of the best ways to address bylaw violations in your HOA:

1. Issue a Warning

When a community resident breaks a bylaw for the first time, the most common practice is to issue them a warning. This warning should be in writing to make it more official and specifically reference the exact bylaw that was violated and why. In most cases, this is enough for an issue to be corrected, and no additional actions are necessary.

2. Issue a Violation Letter and Fine

If a resident in the community breaks the same rule again or has broken multiple rules within a relatively short period of time, it may be necessary to make them pay a fine and issue them a violation letter.

3. Suspend Rights & Privileges

Sometimes, a homeowner may refuse to pay the fines they are issued. When that happens, suspending their rights and privileges within the community, such as their access to a community pool or clubhouse, may be necessary. Their right to vote on various issues may also be revoked.

4. Place a Lien

If a problem with a particular homeowner escalates, it is also possible for your HOA to put a lien on their property, making it impossible for them to legally sell, refinance, or transfer ownership of their home. If they still refuse to pay their fines, the only remaining option may be to take them to court.

Addressing HOA Bylaw Violations: How to Simplify the Process

If your HOA has been having trouble dealing with common HOA rule violations mentioned above, and you struggle with resolving disputes over HOA bylaw breaches, you may need a better system in place for voting on matters related to bylaws both within your HOA and within the community it manages.

If you want to streamline how your HOA handles bylaw and declaration amendments, adopting homeowners association software, such as an electronic voting platform, is a must to simplify and streamline the process from start to finish.

Homeowners are significantly more likely to vote on a bylaw or submit their consents when your HOA makes the process easy and fast, allowing them to review matters and vote from anywhere.

When using a full-service solution, such as GetQuorum's Electronic Voting solution, all you have to do is provide your bylaw or declaration amendment notice materials, and then you can sit back and relax. Using the right platform can:

• Set up a customized owner engagement campaign via email to educate homeowners in your community about the matter and encourage their participation
• Distribute the necessary bylaw or declaration amendment materials to all community members
• When using an electronic voting system or HOA software, homeowners can easily submit their bylaw vote, advanced vote, or declaration amendment consent securely through a web-enabled device

If you’re looking to take the stress out of managing your voting process, GetQuorum’s Electronic Voting solution makes it easy to monitor, track, and download the results of such votes securely and in real-time.

Our full-service approach and dynamic, user-friendly platform will make it significantly easier to manage your bylaw voting and declaration amendment consent processes from start to finish.

For more information about our full-service solutions and how we can help with your next bylaw vote, call GetQuorum at 1-877-355-3107 or contact us here.