Pictured: This gentleman was told by his Homeowner’s Association that he could not fly an American flag in his front yard.
Those Rules are for Other People
I’m sure most of you have seen this picture on social media, at least that’s where I saw it. I thought that it would make a great topic for a blog. There are always those residents that find ways to creatively not follow the rules and try everyone’s patience.
A community that is governed by a homeowner’s association will have a complete set of bylaws and house rules. Each prospective owner is given a copy of the bylaws and house rules as part of a condition of purchase.
Unfortunately most prospective buyers will skim through these rules and only focus on the ones that matter most to them – like owning a pet or where they can install a satellite dish.
Everything else is brushed over that is until one of those rules is broken. At that point it might be too late to avoid an infraction but it’s up to the HOA as to how far they will take enforcement.
- Warning:
It could all be an innocent mistake. The new homeowner probably had no idea they couldn’t hang Christmas lights from the balcony. Usually, the first step for the HOA is to issue a warning. This should be in writing and make reference to the specific house rule or bylaw rule at issue.
- Fines:
This is the most common recourse for enforcing a house rule or bylaw. It’s also the most problematic. A person who feels they have the right to break the rule won’t necessarily feel obligated to pay a fine. When that happens, more fines come their way which involves the HOA lawyers. In addition to the fines, the rule breaker could also end up paying legal fees. The longer the fines go unpaid the more penalties get racked up.
- Lien:
If a HOA is forced to institute a lien, the situation is serious. This step is usually a precursor to a court battle. A lien isn’t a guarantee of payment but has the power of intent behind it. If for some reason the owner is going to pull up stakes and sell, part of the proceeds could pay back what is owed to the HOA as part of the lien settlement. This might scare off a new buyer.
Who Enforces the Bylaws and House Rules?
The HOA must treat every resident equally. Rule enforcement is another terrific benefit of engaging the services of a professional property management team. Think of them as the “bad cop” to your HOA “good cop.” The Klein Property Management staff can issue all the warnings, collect the fines or even take the resident to court.
Generally, however, your best bet as an owner is to follow the rules. Like them or not, that’s what you agreed to when you bought in the community.
At Klein Property Management, our goal is to educate and inform our clients and tenants when there are problems and issues. For more information, click https://kleinpropertymanagement.com or call us at 732-446-0611.
