Getting Members to Maintain Their Properties

Every community at one time or another will suffer from an affliction known as "stubborn-homeowner-who-refuses-to-maintain-his-property"-itis. It's a common occurrence and something that all Community Associations should be prepared to deal with once they're infected with it.

Homeowners who refuse to properly maintain their units hurt the entire community. This property neglect can lead to reduced "curb appeal" and, more importantly, lower property values for other lots in the subdivision. Because the Association owes a fiduciary duty to the members of the community, it must take corrective action to extinguish this nuisance and keep the ultimate goals of community aesthetics and property values intact.

If a homeowner refuses to maintain his property, take the following five steps to ensure compliance with Association by-laws and use restrictions:

1) Check the community's governing dedicatory instruments for an explanation of rights afforded to the Association. Odds are that your community's use restrictions require that a homeowner maintain their lot, and that non-compliance with this provision allows the Association to do the work and charge it back to the homeowner.

2) Send a "Polite" letter as a courtesy to the homeowner reminding him of his responsibilities. In most cases, the offending member will take the necessary action to cure the violation of maintenance standards; however, this is only the case if the member has received notice with an opportunity to remedy the defect. So send a letter and avoid any needless escalation of matters. The letter should specifically state in clear language what the violation is and how to correct it to comply with community standards. Finally, include a time period within which the corrective action must take place.

3) So politeness didn't work -- send a TOUGHER letter. This letter, usually sent by the Association's attorney, outlines in specific detail all violations of the community's governing documents, the standard of maintenance that should be met, and the penalties for non-compliance. Again, as with the "polite" approach, a time frame needs to be established for the member so that he can be "incentivized" to avoid penalties.

4) The Community's governing documents allow for imposition of penalties on homeowners who fail to comply. Such actions or penalties may include: fining, suspension of voting privileges, suspension of use for community amenities (pool, tennis courts, etc), or attachment of attorney's fees and other charges related to the enforcement of community maintenance standards. Consult with your community's by-laws or use restrictions to determine the appropriate course of action.

5) If fines and penalties don't work, bring in the lawyers. A community can always choose to bring an injunctive court order against the homeowner who refuses to maintain his property. This order forces the homeowner to comply with the community's maintenance standard(s) -- and provides severe consequences for failure to do so -- the homeowner can be held in contempt of court and hit with even stiffer fines and/or penalties of a monetary and injunctive nature. One advantage of getting the court order is this: police escort. If your offending member decides to turn violent or unruly in the face of this judicial pressure, let the police handle it. From a security and authoritative standpoint, the police presence during any entry onto the member's property to perform maintenance will help keep the possibility of altercation to a minimum.