Documenting Resident Violations

Welcoming new homeowners and planning social events are the fun parts of managing an HOA; handling CC&R violations – not so much. However, handling violations is an absolutely necessary function of an HOA board member to maintain the appearance, sanctity, and decorum of the community.

The first step in managing a violation is to issue a notice of violation to the offending homeowner. The letter is an official, written warning that the homeowner needs to fix the problem. It’s important that this message is delivered in writing, rather than verbally, in case the matter eventually goes to court.  

The letter should clearly state the rule that has been broken and include a photograph of the violation. It should ask the homeowner to fix the violation and provide a timeline for them to do so. If the violation is easy to fix, like parking in an unapproved area overnight, the homeowner can change their actions immediately and resolve the matter. For issues that are more complex, such as a new paint job in an unacceptable color or new landscaping that is out of code, the homeowner may need more time to fix the issue. Therefore, the notice of violation should ask the homeowner to either fix the problem, provide a plan to fix the problem within a certain amount of time, or schedule a hearing to contest the violation. 

If the homeowner does not respond to the letter of violation, the next step is to levy a fine and/or ban the homeowner from accessing common areas, such as the community pool or club house. According to Florida law, the HOA must give the homeowner at least 14 days’ notice to fix the issue or develop a plan to fix the issue before levying fines or penalties. Fines must be no more than $100 per day until the issue is resolved or there is a plan to resolve it, up to a maximum of $1,000.[1]

Most of the time, the homeowner will work with the board to resolve the issue once they receive the letter of violation. In rare cases, the homeowner may not respond to the letter or the subsequent fines / removal of access to common areas. In these situations, it will be necessary for the HOA board to take legal action against the homeowner to make the necessary changes or place a lien on their property. The HOA board should consult with their legal counsel to determine the best course of action.

Documenting violations and enforcing the rules is nobody’s favorite part of managing an HOA. If you or your board members are tired of being the “bad guys,” then it’s time to contact CCM to manage this for you. We are a full-service property management company so you can focus on the strategic leadership and leave the day-to-day property management to us.

Consolidated Community Management (CCM) is a full-service property management company specializing in condominium and homeowner association management in Broward and southern Palm Beach Counties.  We are committed to working together with community Boards of Directors to develop management plans tailored to the unique requirements of each community and their residents.

CCM provides a quality of service that is unique to our industry and consistently delivers a distinct competitive advantage.  Our concentrated, extensive local presence and knowledge of community associations results in lasting partnerships and superior service.  We have built our industry reputation on employing the best in the business and assigning only a limited number of properties to each Property Manager Team.

Our team at Consolidated Community Management provides expert property management services at competitive prices.  Contact us today by calling (954) 718-9903 or clicking on ccmfla.com.

[1] The Florida Senate: Chapter 720 Section 305 – 2018 Florida Statutes – The Florida Senate (flsenate.gov). Accessed October 27, 2022.