A majority of people who volunteer to serve on their homeowner association’s (HOA) board do so because of their interest in improving the operations of their communities. Therefore, when a resident disregards the HOA rules, it will eventually come to the community management’s attention. Initial responses for improvement in resident behavior may include:

The resident stops violating the rules on their own.

The person complaining about the violation gives up or stops caring.

Hope that a friendly reminder to the resident of the rules will stop behavior.

Enforcement against the Tenant vs. Owner

An HOA’s enforcement authority is usually based on state law and the Declaration of Covenants, Conditions and Restrictions also called CC&Rs. CC&Rs are a contract with different provisions that cannot be left alone or waived. The contract, nonetheless, is only between the HOA and the owner of the property, not the tenant. This asks a very important question; “can an HOA pursue a tenant directly?” There are definitely some times when the HOA can pursue violations against a tenant straight-forward but in a majority of the situations, the HOA has to go through the owner to enforce the tenant’s compliance. If an owner does not focus on the problem with the tenant, the HOA definitely has the right to fine the owner or take a more drastic step, such as obtaining a court order to begin eviction proceedings.

How can an HOA attorney can address these problems while minimize the stress for board members?

That being said, there is still the issue of the strain that can happen when the HOA board members enforce HOA rules. Even though overall tension should diminish when there is an understanding that rules are uniformly compelled and homeowners are not targeted by the board arbitrarily, tension can arise in particular situations whenever the board takes action. But, by working with an outside estate attorney Miami, a board can take firm, quick, and decisive action to counter the problems in a less confrontational manner.

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