J.H. from Boston, Massachusetts writes:
Dear Mister Condo,
We have a resident who doesn’t conform to HOA rules and Regulations, and they have been notified of violations for over a year, month after month. What can a good HOA do if the Bylaws state that “A Large Dog over 35 lbs in not permitted”, “All condos Entry doors, windows must conform to white (Shades, blinds, windows facing front of property”, etc. Similar things that 2 residents just absolutely disobey and makes people in the complex wonder why the HOA association doesn’t do anything. No Fines, just letters to Residents but no resulting changes? What can a Resident do or does it have to be the HOA only?
Mister Condo replies:
J.H., I am sorry that you find yourself living with HOA residents who refuse to abide by rules they agreed to when they moved in to your association. Voluntary adherence to the rules is ideal but when residents decide that they don’t need to follow the rules, it is up to the association to act. Unfortunately, many associations simply decide that they don’t do anything more than issue the warnings, hoping the offenses will stop. The problem now is that the offenders have learned that the Board is not resolute in stopping their behavior and so the behavior gets worse and others see that there is no punishment for not following the rules, so they figure they don’t need to follow the rules either. Ultimately, rules enforcement falls upon the Board. The Board is made up of elected volunteer leaders from within the association. If the current Board won’t act, it’s time for some new volunteer leaders who will use the association’s enforcement provisions to make the rule-breakers comply. Unless the Board uses its given powers to stop the behaviors, I am afraid the behavior will continue, and, likely, get worse. All the best!