Understanding The Consequences Of HOA Repeat Violations

Written By Alla Levin
September 16, 2021
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Understanding The Consequences Of HOA Repeat Violations                                

Homeowners associations have stringent standards and rules that are there to maintain order within the community. Not everybody is keen on following the rules all of the time.

What happens to someone who violates these rules? Can repeat violations be legally prosecuted by a Charlotte HOA management organization?

Understanding How Homeowners Associations Function

Homeowners associations have rules for their society that need to be followed by all residents within the community. These rules are there to ensure that the community meets the standards set for the community and to maintain property value.

Some examples of these rules can be pet restrictions, noise level restrictions, construction restrictions, and parking restrictions. The community documents contain all the fines residents can face if they fail to comply with these rules. 

There can be a situation where a resident is unaware of a certain rule and the coexisting fine. In such a case, the resident can be fined based on the severity of the incident. The fine will ensure that the resident remembers the rule and that the incident does not occur again. But what happens when that same person makes the same violation again?

Consequences of HOA Repeat Violations: Defining Repeat ViolationsConsequences of HOA Repeat Violations

A homeowners association might rule that they do not allow smoking in a certain area within their property.  Another rule might be that residents are not allowed to put up signboards on their front lawn.

The community documents contain the exact amount of fines placed on someone who violates the rules. A repeat violation occurs when the individual has already made the same violation before and does it again. 

The Difference Between Repeat Violations & Continuing Violations

An example of a repeat violation is when a person has already violated a no-smoking area and smokes again in the same location. A continuing violation is a breach of community guidelines set by the homeowners association. For example, a community does not allow people to put up signs in their backyard. The HOA is not bothered whether it is a sign for a lemonade stand or your pet’s house. 

It is not considered a continuing violation if someone puts up a sign temporarily to promote their lemonade stand. Some HOAs might offer to waive the fine if the individual removes the sign for their lemonade stand. Someone who constructs a permanent sign in their backyard with their pet’s name on it is an example of a continuing violation. Such an individual can expect to pay a fine daily for as long as the sign is up. 

The Goal Of The HOA Is To Maintain OrderThe Goal Of The HOA Is To Maintain Order

The main goal of the HOA is to maintain the standards of residence that are set for the community at large equally for everybody. An HOA can decide to issue a warning to a  first-time offender because they are not aware of the rules and regulations of society.

HOAs will fine repeat offenders because they want to deter them from promoting this kind of behavior. Repeat offenders that do not mind paying the fine over and over again can look forward to a suspension of their privileges within the community.

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