We handle all types of municipal law, public affairs, real estate law, homeowner association law, estate planning and business law.

Enforcing an HOA deed restriction

On Behalf of | Oct 5, 2023 | HOA Law |

Many people choose to live in a community with a homeowners’ association and their property deeds may have a restriction. A deed restriction is intended to regulate the use and development of property. It will ensure that the character of the homes in the neighborhood are consistent.

Deed restrictions

There are several common deed restrictions, including that the property must be used only for residential purposes, not commercial purposes, that the home must follow a certain size and style and that it must use similar building materials as other homes in the neighborhood.

It may also require certain landscaping and lawn maintenance and it may state that the home must be set back a certain distance from other property lines. Other requirements may address use of community property, like pools or parks, parking and noise levels.

The HOA is responsible for enforcing deed restrictions, in addition to its own rules and regulations, so it’s important to understand these responsibilities.

HOA enforcement

If a homeowner violates a deed restriction, the HOA will send them a notice of violation letter, which will explain what needs to be corrected and how long they have to fix the issue. Usually, HOAs provide 30-60 days to resolve it. A shorter or longer timeframe may be reasonable depending on the extent of the violation.

If the homeowner does not correct the violation, the HOA may assess fines and penalties. In serious situations, the HOA may place a lien on the homeowner’s property which means they cannot sell it or refinance it until the issue is corrected.