A homeowner has made an improvement to his property in violation of the governing documents. The Association Manager and the HOA attorney have mailed notice letters but the homeowner still refuses to comply.  What Happens Now?

Most HOA governing documents include a provision requiring all owners to submit a written request to the board of directors or an Architectural Committee (“ARC”) appointed by the board of directors, to erect or install improvements to the exterior of their property, including a description, location and materials to be used for the improvement, prior to installation of the improvement.

The purpose of this requirement is to ensure continuity with the common plan or scheme of the subdivision; to prevent the installation of improvements which will contribute to a decrease in property values; to prevent potential conflict between neighbors; and, to ensure the improvement does not encroach upon any of the common areas.

Associations must strictly enforce these restrictions against owners who choose not to comply, but who instead, install improvements without obtaining written approval from the board or ARC. Failure of a board to strictly enforce these restrictions will set a precedent for all owners and future owners to make improvements without written approval, which could lead to a subdivision which looks more like a multicolored patchwork blanket than a manicured subdivision, and which could prove impossible to enforce in the future.

Most HOA governing documents also provide remedies for violations of this type and many Associations have adopted written notice and fine polices which outline how to address such violations. If the HOA and its attorney have complied with these remedies and policies and the owner refuses to comply, the only remaining remedy may be for the HOA attorney to file a petition for injunction seeking a court order requiring the owner to comply. If the owner continues to remain non-compliant even after the court ordered injunction, the owner may be held in contempt of court and could be subject to steep fines and other remedies that the court may choose to impose until the owner brings his property into compliance with subdivision standards.