Violations and Enforcement

Partners Begin Here So the homeowner has requested a hearing, NOW WHAT?

As board members, it is difficult to follow all the rules and requirements set forth in the governing documents and State law when it comes to imposing fines and scheduling hearings.   So when a request comes in from a homeowner requesting a hearing, the task seems insurmountable.  However, if you break up the hearing process into a few small pieces, it becomes a task you can accomplish.

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Upstairs, Downstairs:

Strategies for Dealing with Noise Disputes

Noise disputes among owners can be one of the most troublesome problems community associations and their managers face. Not only can they be expensive to resolve, they can cause community unrest and bad feelings. However, if a community association acts quickly and assertively, it may be able to diffuse the dispute, or at least keep the association out of court.

Noise issues often involve a downstairs owner's complaints of noise coming from the unit above. This frequently involves floor coverings, or the lack of them. The typical dispute has a common set of facts. An upstairs unit owner decides to upgrade by removing existing carpeting and installing hardwood or some other hard-surface flooring in its place. This upgrade occurs without application or notice to the architectural control committee. The first time the board becomes aware of the problem is when a complaint is made by the owner of the unit below. The usual complaints include increased noise from the upper unit-walking, voices, music, or television sounds.

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HOA Pet Policy Perspective

You think you have animal control problems in your homeowner association? Forget the barking dogs and stray cats! Just look at this notice posted by a Florida HOA:

 Alligator Safety Tips

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Children at Play

Children PlayingWhat would be more delightful or heartwarming than the sights and sounds of laughing and playing in your community? 

 

Every effort should be made to ensure that the joys of childhood continue in associations, especially with the importance of putting community back into community associations.  From a child's perspective, "kid friendly" means fewer rules and restrictions. From the adult's perspective, it means only implementing and enforcing those rules that are absolutely necessary to protect themselves, the children and association property.

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"Grandfathered" Rules

OK, your HOA's changing some rules. But the gall of some owners! They want to be exempt from your new rules, or "grandfathered in." Should you grant their request?

Here, we discuss the pros and cons of creating exceptions for rules, give four examples of when it's smart and not smart to grandfather residents in, and provide tips to ensure the grandfathered rules don't last forever and are enforceable. 

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* These articles and related content on this website are provided without warranty of any kind and in no way consitute or provide legal advice. You are advised to contact an attorney specializing in Association Management for legal advice related to your specific issue and community. Some articles are provided by thrid parties and online services. Display of these articles does in no way endorse the products or services of Community Association Management by the author(s).