3 Practical Approaches To Enforcing Your Community Association’s Rules
One of the most challenging aspects of being a Tacoma, WA, HOA board member is enforcing all of the community rules and regulations. Although it may not happen often, when a homeowner violates a community rule or bylaw, the board must address it swiftly and promptly.
Handling such sensitive subjects can be tricky, as the enforcement must be done in such a way that it effectively deters future violations while remaining fair and legally compliant for all residents. If you’re having trouble handling rule enforcement in your Tacoma, WA community association, here are three practical approaches you can try.
1. Do It Yourself
The most straightforward approach to enforcing the community association’s rules is by taking the DIY route. This approach involves the board members taking matters into their own hands and rectifying the situation without express homeowner approval. Some governing documents, for example, give boards the authority to repair, maintain, or restore any changes made to a property without authorization.
However, this approach generally isn’t recommended due to the potential legal liability. Even if your governing documents permit these actions, the homeowners may threaten legal action when confronted with this type of remedy, or they may even become aggressive or violent in person. For these reasons, it’s best to handle things bureaucratically whenever possible.
2. Get a Court Order
HOA boards that want to do everything by the book, no matter how time-consuming or costly, tend to opt for injunctive relief. Injunctive relief is a legal remedy that involves seeking a court order to prevent a homeowner from violating a rule or to force them to comply with it.
One of the biggest advantages of seeking injunctive relief is that it sends a strong message to the violator and to the community as a whole. This approach also takes the burden off of board members and leaves it in the hands of professionals.
However, seeking injunctive relief can be a lengthy and expensive process. It requires hiring an attorney and going through a legal procedure, so it should generally only be considered when other methods have failed or if the violation is causing significant harm or disturbance to the community.
3. Issue Fines
One of the most popular options for enforcing community association rules is fining. This involves imposing a monetary penalty on homeowners who violate the HOA’s rules and regulations. The amount of the fine is typically determined by the severity and frequency of the violation, and it’s sometimes pre-specified in the community’s bylaws.
Issuing fines is often an effective method of discouraging violations. The fear of receiving a violation can be a powerful motivator for residents, and any revenue generated from fines has the advantage of being able to be used for community improvements and maintenance, benefiting all residents.
However, issuing fines can have legal complications if not done properly. It’s important to establish a clear and fair fining system that includes proper documentation, communications to the homeowner, and full transparency every step of the way.
Enforcing your community’s rules can be a tedious task, but it’s a necessary one. If you feel you need guidance on or assistance with HOA rule enforcement, speak to an experienced HOA management company such as The Management Trust. With more than 30 years in the industry and over 1,500 communities successfully managed, we have the expertise to guide you in all aspects of community association management. To find out more about our comprehensive community management services, give The Management Trust a call at 253-472-0825 or fill out our online contact form today.
