How to Avoid Condo Association Fines and Penalties?

When looking for a new pre-construction condos in Brampton, you may come across properties in a neighborhood with a homeowners association, or HOA which has been discussed previously as condo HOA regulations explained. Some people believe that HOA rules and regulations safeguard and enhance property values, while others see HOAs as overzealous neighborhood patrols.

However, whether you like them or not, every HOA has rules as condo association rules for renters. And breaking them, even unintentionally, can result in serious condo association fines and penalties. Repeated offenses may result in a lien being placed on your property or any other form of condo association fines and penalties. 

Here are the answers to some of the most often asked questions concerning HOA laws and how to avoid potential problems and condo association fines and penalties.

Why Do Condos and HOAs impose Fines?

The short answer is that condo association fines and penalties dissuade members from violating the regulations. While homeowners may not want to cut the lawn on a Saturday, they also do not want to pay the association $50 for failing to maintain their front yard under the ambit of condo association fines and penalties.

The longer answer is that governed communities are required to enforce all of the provisions outlined in the governing documents, and issuing monetary penalties in the light of the condo association fines and penalties is one effective means for organizations to fulfill this task.

Condo and HOA communities adhere to a set of covenants, conditions, and restrictions (CC&Rs), condo association fines and penalties, bylaws, and regulations. These are commonly referred to as governing documents. 

These are commonly referred to as governing documents. These rules and instructions are intended to help all members understand what is and is not permitted. The rules encourage positive acts that preserve the value of the community and sustain peace within the neighborhood or building.

Frequent Condo Association Fines and Penalties – HOA Rule Breaches & To Avoid

Here are some of the most typical areas of condo association fines and penalties covered by HOA bylaws. Violating them may be easy, even unwittingly, so make sure you understand your HOA’s bylaws.

1. Landscape

HOAs are in charge of the community’s curb appearance, so expect to see restrictions against overgrown lawns, weeds, and unsightly exteriors. Check the regulations to see what types of trees, plants, and shrubs can be planted.

2. Vehicles and Parking

HOAs frequently limit the number and type of motor vehicles that can be retained on the property (RVs, boats, and business vehicles, for example). They may also police neighborhood speed restrictions and parking regulations in defined locations.

3. Rent Out Your Home

Some HOAs have laws against subletting houses, both for security reasons and because most communities’ insurance is based on the proportion of owners vs renters. Most HOAs demand formal approval to rent a home, and the owners may have to join a queue.

4. Trash Pickup

Homeowners in a HOA can face penalties for putting specific things, such as unbroken boxes or furniture, into common dumpsters. It may also be against the rules to leave garbage cans out too early or not return them by a specific time, as these can attract pests and detract from the community’s beauty and so condo association fines and penalties.

5. Exterior Storage

HOAs frequently restrict the types of equipment that can be stored outside your property. Bicycles and kayaks, for example, may need to be kept hidden behind a fence. Your HOA may also have restrictions on condo association fines and penalties that limit or prohibit the construction of storage facilities that are not related to the home.

6. Pets

To keep residents safe and comfortable, HOAs frequently impose limitations on where pets can and cannot walk, such as keeping dogs on leashes and tidying up after your pet. There may also be restrictions on the number of pets you can own, as well as kinds and sizes.

7. Noise

Most HOAs have bylaws that prohibit loud noises during specific hours. (To be fair, most towns and counties have noise ordinances that must be enforced regardless of HOA rules.)

9. Design Changes

HOAs can impose tight limitations on changing the appearance or structure of your home. Simple activities like painting your house, building a patio or deck, or changing your mailbox may require written approval from the HOA’s design review committee. Installing solar panels may also qualify as a design change because they alter the outside appearance of your home.

How Do You Know When to Impose a Fine?

Associations must utilize a condo association fines and penalties, fine schedule or policy to levy fines in a fair and consistent manner. For example, if a noise complaint is filed against a resident for the third time in less than six months, the board may be able to impose a punishment. State legislation may inform the community about when fines can be issued condo association fines and penalties under. Other times, it is up to the board.

Tracking violations is a key component of rule enforcement. This enables the board to determine how many times an owner or resident has violated a rule and if the matter was remedied on time. Without sufficient documentation, it is impossible to keep track of infractions, and poor violation monitoring typically leads to selective enforcement.

Can You Lawfully ignore a HOA Rule?

While failing to comply with HOA rules and condo insurance for condo owners, the  condo association fines and penalties,  does not constitute a violation of the law, simply ignoring them is not advisable. Ignoring a HOA could result in fines or other negative repercussions. If the problem persists, the lender may place a lien on your home. In addition to financial implications, under the condo association fines and penalties you may be prevented from utilizing community resources like a swimming pool or fitness facility.

Can the Police enforce the HOA Rules?

The short answer is that police can enforce some HOA regulations. This is because HOA regulations must be consistent with state and local laws and ordinances. Police, for example, might enforce speed limits, noise ordinances, and pet leash rules since they are lawful. However, they would not enforce HOA standards like landscaping or paint colors.

Bottom Line

If you want to buy in a HOA neighborhood, make sure to complete your research. Before making an offer on a home, make sure you understand the HOA’s rules and restrictions. How a HOA enforces its rules and handles violations varies per community, so get a copy of the association’s CC&Rs to be sure you understand what you’re getting into — and consenting to. “Association rules for condo association fines and penalties vary from community to community,” explains Bauman. “Homeowners have the right to receive all documents that address rules and regulations governing the community association.”