HOA violations are a common part of community living in Virginia. Even the most well-meaning homeowner can break a rule every now and then. When that happens, boards must follow the law and their governing documents. In doing so, they can ensure the validity of the penalty and avoid liability.
What are HOA Violations?
Homeowners association violations happen when a resident breaks a rule or regulation set by the association. These rules often appear in the governing documents, including the CC&Rs, bylaws, and rules and regulations. When a violation takes place, board members must act in a fair and consistent manner.
In Virginia, there are certain laws that govern how associations must enforce the rules. The Virginia Property Owners’ Association Act and the Virginia Condominium Act both outline the steps a board must take before penalizing a homeowner. This is what’s called due process, and skipping it can render the penalty void and even expose the association to liability.
What are Common HOA Violations?
Violations can take many shapes and forms, depending on the specific rules an association has. That said, some violations are more common than others. Here is a list of HOA violations that most associations will encounter at one point or another.
- Property Maintenance. Homeowners have maintenance obligations to fulfill. If they fail to keep their property in good shape, they can face a violation.
- Architectural Changes. Most associations have architectural rules that regulate modifications or improvements. Homeowners must also ask for approval before making any changes.
- Parking. Many associations have parking rules, such as no parking in driveways, prohibiting RVs or trailers, and limiting guest parking to certain hours. Breaking these rules can result in a violation.
- Rentals. Associations often oppose rentals within the community, leading to rental restrictions or outright prohibitions. When an owner goes ahead with a rental anyway, they can face penalties.
- Noise. Noise violations are pretty common in neighborhoods. Associations typically have quiet hours or disallow loud noises such as music, barking dogs, or construction.
- Pets. Many associations regulate the type, breed, and number of pets each household can have. They also require owners to keep pets leashed and pick up after them outside of their homes. Some even ban pets altogether.
- Trash and Recycling. Homeowners must adhere to a collection schedule and use the correct containers for their trash and recycling. Additionally, they must not leave their bins out for too long.
- Holiday Decorations. Associations usually have specific timeframes for when homeowners can put up or take down decorations. Many also prohibit decorations that are unsafe, too loud, or offensive.
What Happens When You Violate HOA Rules?
Violating HOA rules can result in penalties, but the board must follow due process under state laws and governing documents. The process usually begins with a violation notice and an opportunity to be heard. After that, if the board confirms a violation, it can impose penalties such as fines, suspension of privileges, and even legal action.
Let’s discuss these below.
1. HOA Citation or Violation Notice
The first step in the violation process is to send the homeowner a written notice. This notice must clearly describe the violation and give the homeowner enough time to remedy it. Without this notice, the board can’t proceed to the following steps, which include penalizing the owner.
Both Section 55.1-1819 (for HOAs) and Section 55.1-1959 (for condos) require proper written notice before any penalties take place.
2. Opportunity to be Heard
Associations must give homeowners a chance to plead their case. According to Section 55.1-1819 and Section 55.1-1959, homeowners have a right to request a hearing. This hearing must take place before the board or a committee.
Hearings might seem formal, but they allow the owner to present their side of the story. They can provide supporting evidence and explain why they believe they didn’t commit a violation.
It is worth noting that the board can’t impose a fine or suspend privileges until it offers the owner an opportunity to be heard. The homeowner can choose to take the chance or not.
3. HOA Violation Fines
After the hearing, the board must make a decision. If the board determines that a violation occurred, it may impose a monetary fine. The fine amount must be reasonable and can’t go over what state laws or the governing documents allow.
Under Section 55.1-1819 and Section 55.1-1959, fines in Virginia are capped at $50 per violation or $10 per day for continuing violations. There is also a maximum cap of $900 for ongoing violations. These amounts apply unless the governing documents specifically allow for more.
4. Suspension of Privileges
In addition to or in lieu of monetary penalties, the board can choose to suspend an owner’s privileges as a punishment. This means the owner can’t access amenities such as the pool, the clubhouse, or the gym. In some cases, the board can even suspend the owner’s voting rights.
As with fines, temporary suspensions must be preceded by a notice and an opportunity to be heard. The board can’t simply jump to this penalty without due process.
5. Legal Action
Even after all of the above, if the homeowner still doesn’t remedy the violation, the board can take the matter to court. This can involve seeking an injunction to force the owner to comply with the rules. The association can also seek reimbursement for legal fees, provided the governing documents permit this.
Since lawsuits can be time-consuming and expensive, boards should use them as a last resort. It is best to seek other remedies first before taking this step.
Can the HOA Fine You?
Many homeowners are surprised to find that their association has imposed a fine on them. They even ask, “Can a homeowners association fine you?”
In a word, yes. Under Virginia law, an HOA or condo board can fine homeowners who break the rules. Of course, that doesn’t mean the board has unlimited power when it comes to violations and fines. The board must still follow the processes set in Section 55.1-1819 (for HOAs) or Section 55.1-1959 (for condos).
Additionally, fines must be reasonable. Unless the governing documents say otherwise, the board can’t impose a fine more than:
- $50 per single violation
- $10 per day for a continuing violation
- $900 total per ongoing violation
Furthermore, board members can’t fine owners unless they give proper notice and an opportunity to be heard. These requirements help ensure that the association enforces the rules consistently and fairly.
Are HOA Fines Enforceable?
Yes, fines are typically enforceable in an HOA community, but the board must follow state laws and the governing documents. In Virginia, the authority to fine stems from Sections 55.1-1819 and 55.1-1959 of the Virginia Code. Board members must also check their CC&Rs and bylaws to confirm their ability to impose fines.
Moreover, the board must ensure it writes clear rules for everyone. These rules must also have been properly adopted. It is equally imperative to ensure all members are aware of these rules. If the rule is vague or doesn’t appear in the governing documents, the fine may not hold up in court.
Do You Have to Pay HOA Fines?
Yes, homeowners are responsible for paying valid fines. This means the fines must have been imposed after following due process. They must also be reasonable.
If a homeowner fails to pay a fine, the association can take further action. These include adding late fees or interest, suspending privileges, and filing a lawsuit. The board can even send the account to a collection agency.
That said, if the homeowner believes the fines are unwarranted or that due process was not followed, they can challenge them. Owners should make sure they take the opportunity for a hearing. Beyond that, they can appeal the board’s decision under the governing documents.
A Word of Warning
In Virginia, associations have the authority to impose certain penalties for HOA violations. Boards must follow all requirements and due process to ensure validity. Otherwise, they can face legal liability.
National Realty Partners is a leading provider of association management services in Virginia. We can help your board manage violations and fines. Call us today at 703-435-3800 or request a proposal online to get started!
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