Not every community has a homeowners’ association, but those that do have sets of rules and regulations that homeowners, tenants, and their guest are expected to abide by. These rules and regulations, also known as covenants, conditions, and regulations (CC & R’s), is a document set in place by members of the HOA board to protect the best interest of the community. One of the most difficult challenges Tampa HOA management companies face while managing a community is how to effectively enforce these rules.
As a Tampa HOA management company, we have seen the CC & R’s repeatedly and habitually bent, dodged, and ignored. Over time if these rules and regulations continue to be disregarded, it can cause the community to spiral out of control. Below we explain 5 steps your HOA can take to ensure effective enforcement of your community CC & R’s.
1. If a rule or regulation has been violated by a homeowner, their tenant, or guest, the first step to take would be to construct a letter with the date and description of the violation with an avenue to rectify the violation. This letter should also include a copy of the community rule or regulation that has been violated with a reminder of its repercussions.
2. If after the homeowner, their tenant, or guest, continues to violate rules and regulations, the next step would be to fine the homeowner in accordance with the community CC & R’s.
3. After the homeowner has been warned and fined for their violation, a lien can be placed on the homeowner’s property. This is a great incentive for the homeowner to remedy an issue.
4. If after steps 1-3, the violation proceeds, you may want to seek a court order mandating the homeowner to resolve the issue.
5. If all else fails, the final step would be to contact the community’s attorney to initiate foreclosure proceedings against the homeowner. Because this is a last resort, all other measures should be taken before reaching this step.