Homeowners Associations (HOAs) are designed to help maintain property values and community standards. By living in an HOA-managed neighborhood, you agree to abide by certain rules and guidelines. While most of these rules are intended to keep the community attractive and orderly, confusion often arises over what actually constitutes a violation.
At The Law Offices of Delton Barnes, we work with homeowners who find themselves facing HOA complaints, fines, or enforcement actions. Understanding what counts as a violation and what doesn’t is essential for protecting your rights and maintaining peace in your community.
The Governing Documents Define Violations
The first thing to understand is that every HOA is different. What counts as a violation in one neighborhood might be perfectly acceptable in another. Your community’s rules are laid out in its governing documents, typically including:
- Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
- Bylaws
- Rules and Regulations
These documents spell out the standards homeowners are expected to follow, from the appearance of your property to behavior expectations. If an action (or inaction) is clearly prohibited in these documents, it can be treated as a violation by the HOA. It’s important to have a copy of these rules and review them carefully when you move into the community and anytime you plan to make changes to your home or property.
Common Examples of HOA Violations
While the specifics vary, certain types of violations are more common across HOA communities. Some of the most frequent include:
- Exterior Modifications Without Approval: Adding a fence, installing a new mailbox, or repainting your home in a non-approved color without prior HOA approval.
- Landscaping Issues: Overgrown lawns, unapproved plantings, or removal of trees without permission.
- Parking Violations: Parking commercial vehicles, RVs, boats, or even too many personal vehicles in prohibited areas.
- Maintenance Problems: Failing to maintain the exterior of your home, such as peeling paint, broken gutters, or damaged roofing.
- Noise or Nuisance Complaints: Hosting loud parties or creating disturbances that affect your neighbors’ enjoyment of their property.
- Improper Use of Property: Running a business from a residential home or renting it out as a short-term rental in violation of HOA policies.
- Pet Violations: Having an unapproved number or type of pets, or failing to clean up after animals in community spaces.
These types of issues can trigger warnings, fines, or even legal action if not resolved promptly. However, not every complaint or letter from the HOA automatically means you are at fault.
Know the HOA’s Responsibilities
While the HOA has the authority to enforce its rules, it must do so fairly, consistently, and according to the procedures outlined in its governing documents and North Carolina law. That means you are entitled to proper notice of the alleged violation, an opportunity to correct the problem, and, often, a right to a hearing before any fine becomes final.
Selective enforcement, where some homeowners are fined for certain behavior while others are not, can be a strong defense if you believe you are being unfairly targeted. Likewise, vague or unclear rules that leave too much room for interpretation can also be challenged.
At The Law Offices of Delton Barnes, we encourage homeowners to carefully document all communications with their HOA and to seek legal advice if they feel they are being treated unfairly or threatened with escalating enforcement actions.
Know the Rules and Protects Your Rights
Living in an HOA community comes with responsibilities, but it also comes with rights. Knowing what constitutes a true violation — and understanding both your obligations and your protections — is the key to avoiding unnecessary conflict and maintaining your investment in your home.
If you’re facing a violation notice, fine, or just have questions about your HOA’s actions, The Law Offices of Delton Barnes is here to help. We believe homeowners deserve clear guidance, strong representation, and a fair voice in any dispute. Let us stand by your side and help you navigate the process with confidence.
Contact Delton Barnes Law Today
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The Law Offices of Delton W. Barnes proudly serves the Cleveland, Gaston, and Lincoln Counties in North Carolina. Our team will empower you with expert legal counsel and unwavering support. Whether it’s a business dispute, personal injury, landlord-tenant disputes, or another conflict, our dedicated team is here to guide you through every step.
Call, 704-406-9416 and contact us today to schedule a consultation with one of our experienced attorneys.
