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HOA Harmony: Navigating Covenant Enforcement with Finesse and Integrity




 Covenant enforcement can be a hot button issue for a lot of associations. Many owners want to see immediate enforcement of every covenant violation; however the Virginia POA Act has created specific legislation on how enforcement can be conducted. These regulations are laid out in § 55.1-1819: Adoption and enforcement of rules. This passage of the POA Act outlines the powers and authority of a homeowners' association's board of directors regarding the establishment, adoption, and enforcement of rules and regulations for the common areas and other responsibilities assigned by the association's declaration.

The board can adopt rules by resolution, and these rules can be repealed or amended by a majority vote at a special meeting. Enforcement methods include assessing monetary penalties and legal actions for injunctive relief or actual damages. Additionally, the board has the power to suspend a member's right to use facilities or services for nonpayment of assessments more than 60 days overdue, and charges can be assessed for violations of the declaration or rules. Before taking any action, the member must be given notice, an opportunity to correct the violation in a reasonable amount of time, and a chance to be heard at a hearing with notice provided at least 14 days out and the owner can be represented by counsel.

Charges assessed for violations are not limited to the expense or damage caused but are subject to certain caps, such as $10 a day for no more than 90 days for violations of a recurring nature. The board can file legal actions in district or circuit court for relief, and once legal action is initiated, no additional charges accrue. If the court rules in favor of the association, it can collect charges from the date of the action, and the court may order the lot owner to abate or remedy the violation. Default judgment may be entered against the lot owner in certain situations.

This brief overview of regulations sheds light on the somewhat slow and intricate process of enforcing regulations within a homeowners' association. While the governing documents may also require alternatives like mediation before resorting to legal action, it's crucial for associations to navigate the enforcement process with care and diligence. Sometimes, unique situations, like a neighbor breaking their leg and struggling with yard maintenance, call for a compassionate and reasonable solution.

Ideally, covenant enforcement should be a rare occurrence. However, it's disheartening how often violations occur and go unaddressed promptly. When you bought a home in the association, you essentially contracted with your neighbors to adhere to the covenants. The disclosure package provided by the seller and your chance to review the covenants before finalizing your purchase were steps in making an informed decision about joining the community. (Side note: If you ever buy a home in an association with the intention on starting a coup and changing the covenants completely or disbanding the association all together, please do some research on how difficult both those processes are and make better choices.)

We all slip up occasionally, forgetting to tidy our lawns or overlooking faded shutters. That's why the first notice from Community Compass is a heads-up, not a personal attack. It outlines the violation, warns of potential penalties, and invites owners to reach out for clarifications or extensions. Yelling at our office staff or confronting a board member at the mailbox won't magically resolve a violation or alter the enforcement process. We understand that emotions can run high in these situations, but a more constructive approach, like discussing concerns calmly, is more likely to lead to a positive resolution. Let's work together to address any issues and find solutions without unnecessary stress or confrontation.

Trust is essential in association communities, and your neighbors might be quicker to report issues than you'd think. Anyone who remembers the TV show Bewitched may recall that Samantha and Darrin had a neighbor named Mrs. Kravitz who was always watching out the window and would yell at her husband (Abner!) whenever she saw Samantha’s witchy antics. There’s a Mrs. Kravitz or two in every neighborhood, and our office is Abner.

While these vigilant neighbors might seem nosy, they can also play a positive role in the community. They notice when things go awry, from loose dogs to unusual happenings. They might even check in when your newspapers pile up, but your car is in the driveway. Even without an official neighborhood watch, there's a sense of communal lookout that fosters a supportive environment.

As always, for any emergency that threatens life, limbs, or property, call 911. This can be anything from a house fire, suspicion that someone’s house is being broken into, an aggressive dog running at large, or to report suspected drug activity. Many counties have anonymous reporting on their websites as well. Our office should not be your first call for severe emergencies or most civil issues. Please involve the appropriate authorities.

Owners can report violations through association portals or emails, even beyond regular business hours. However, fostering relationships with your neighbors is encouraged. Being friendly, tactful, and willing to help each other creates a community where accountability doesn't lead to hurt feelings. Living harmoniously with your neighbors is a long-term commitment until you decide to make a move. Striving to create a pleasant atmosphere benefits everyone in the community. Building positive relationships, communicating openly, and finding common ground can contribute to a more enjoyable living experience for everyone. After all, a friendly neighborhood makes for a happier home.

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