enforcing deed restrictions

Started by DebB6 • 6 replies • 181 views

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DebB6 (Texas)
Posts: 9

Posted:

I am looking for a successful way to enforce deed restrictions. We currently leave a notice on the property noting the violation. We allow time for it to be resolved, if not then we retag and send a letter in the mail. We also do a personal visit with the resident. We once again allow time for it to be resolved. At this point we are stuck....we have to send to the attorney and that get really expensive. Does anyone have a suggestion for our neglected homes. I would love to hear.

KerryL1 (California)
Posts: 14,550

Posted:

Your Board (you're on it?) must approve rules that state fines and/or other forms of discipline for violators. Your Deed Restrictions gives the board authority to make rules and how to enforce them? So you have a book or list of rules?

It's the enforcement part you seem to be missing. It sounds like your HOA is detached homes. If your own documents don't tell how HOA to enforce, you'll have to turn to Texas statutes on HOAs. They, for instance, probably don't require a "home visit," who, imo, is a bad idea anyway. And, You do know owners may b disciplined, not renters, right?

If an owner doesn't comply with a first letter to fix the violation, my HOA and many call the alleged violator to a hearing of the board to give themselves a chance to defend themselves.. This is required in some states,.

Prior to starting to hold hearings, tho,' the Board at an open meeting decides what fines they want to level for various violations. In my HOA there's a $100 fine for most violations. $50 is common in other HOAS. We have bigger fines, for a few things, like short term rentals under 30 days, rudeness towards staff or vendors, using smoking materials anywhere on the premises including in condos.

Our rules also state that fines may be doubled for repeat offenses, which I strongly recommend.

it seems in Texas you may need to send the Board's proposed list of fines to Owners for their feedback (though not vote) before the Board makes a final decision

If your governing documents allow it, your Board may be able to discipline owners by withhold ing access to common area amenities for a certain length time, along with levying fines.

LoriM15 (Florida)
Posts: 1,009

Posted:

I'm not sure of the rules in Texas. But if the board has written a letter and it's ignored, do you then impose a fine? You don't have to send it to the attorney if they don't fix the issue. If the board finds the violation has been fixed, you can put the fine on their account. Then if they don't pay, you can send the account for collections.

I suggest you find out the exact violation procedure for Texas. Sometimes enforcing fines is the only way to get compliance.

KerryL1 (California)
Posts: 14,550

Posted:

Good reply from Lori! So, to repeat, you need to find out what TX requires. Is it possible that TX requires HOAs use an attorney for every violation?? Seems unlikely, but....

If not, makes me wonder if your attorney is taking advantage of your Association. SWe've had some really good posters from Texas, so I hope they contribute.

KerryL1 (California)
Posts: 14,550

Posted:

Good reply from Lori! So, to repeat, you need to find out what TX requires. Is it possible that TX requires HOAs use an attorney for every violation?? Seems unlikely, but....

If not, makes me wonder if your attorney is taking advantage of your Association. We've had some really good posters from Texas, so I hope they contribute.

ElleN (Idaho)
Posts: 1,335

Posted:

Quote:

Posted By DebB6 on 11/12/2024 1:23 PM
I am looking for a successful way to enforce deed restrictions. We currently leave a notice on the property noting the violation. We allow time for it to be resolved, if not then we retag and send a letter in the mail. We also do a personal visit with the resident. We once again allow time for it to be resolved. At this point we are stuck....we have to send to the attorney and that get really expensive. Does anyone have a suggestion for our neglected homes. I would love to hear.

Pursuant to Texas statute TPC 209, I believe what is most important is to identify whether your HOA's declaration permits the HOA to impose fines.

Does your declaration give the board the authority to impose fines?

LisaB21 (Texas)
Posts: 97

Posted:

You need to read your governing documents (CCR's to see if you have the ability to fine homeowners for deed restriction violations. I am in Texas and our documents do not allow for fines. If the documents are silent in regards to fines, then I would assume you do not have fining ability. You can check with Texas Statute, but I am pretty sure than if your documents do not spell out fining as a part of the deed restriction violation remedy process, you should not be issuing fines. And that home visit part - stop that ASAP. Look to your documents and follow the process spelled out. I am quite sure that home visits are not included. That is unnecessary and potentially dangerous to your Board members. Also unless you are recording what is said in these visits, everything is disputable and hearsay - i.e. not documented. How many homes are in your association? Single family or condo?

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