I am refusing to comply with some of the laws of my HOA. What choices do they have to enforce my cooperation?

A Home Owners Association or HOA is created to oversee the maintenance and management of a development's common areas and assets and to protect the value of the property. The HOA usually governs properties such as condominiums, townhouses or a community of homes. It stipulates who may move in and what can and cannot be done on the premises and shared areas. When a homeowner purchases a residence in a development, the HOA provides the new owner with conditions for ownership as well as the penalties for violating these conditions.

Scope of an HOA’s Power

Some of the stipulations that may be included in an HOA contract include:

• Exterior colors and styles of buildings
• The allowance of fences or hedges, including specified heights
• The allowance of certain plants, flowerbeds or gardens
• The allowance of certain trash receptacles and mailboxes based on size, the type of material they are made from, as well as placement
• When and where holiday lighting may be displayed

Possible Enforcements of HOA Regulations

Most non-compliance with HOA regulations is met with fines. Non-payment of the fine will garner more fines that will accumulate until the homeowner pays prior fines and agrees to adhere by the regulations. If the citations are not resolved, the HOA has the authority to apply the fees to the homeowwner's property tax liability. Non-compliance with a property tax issuance may eventually lead to the property at issue being foreclosed upon.

Do not let this matter escalate any further. Talk with a real estate attorney about penalties in not following HOA regulations.