HOA violations: notice → hearing → cure

Q: Can the board enter my lot to fix things?

Only if clearly authorized in the CC&Rs and when necessary, such as safety issues. Provide notice where required and limit work to the minimum needed to abate the problem.

Last updated September 8, 2025

When violations feel murky, tempers rise and trust drops. This guide to hoa violations: notice → hearing → cure sets a clear, defensible path anyone can follow. You’ll learn how to write notices that stick, run a fair hearing, and set cure plans that actually work. We include timelines, examples, and pitfalls to avoid so your board enforces rules without drama—and owners know exactly what to do next.

Answer key: Predictability wins: give clear notice, offer a fair hearing, set a reasonable cure plan, verify, and close.

TL;DR

One roadmap: observe → courtesy → notice → hearing → decision → cure → close.
Typical cure windows: 7–15 days (minor) and 15–30 days (repairs/landscaping).
Give 10–15 days’ advance notice for hearings; list owner rights clearly.
Document everything: dated photos, policy cites, proofs of delivery, minutes, decisions.
Fines motivate change—use schedules, cap totals, and consider waivers after cure.

Foundations & definitions

Start with the documents that grant authority. CC&Rs (covenants) are recorded against the property. They set the duties owners must follow. Bylaws govern how the association operates. Rules and regulations add detail but cannot conflict with the CC&Rs or the bylaws. ARC/ACC guidelines cover architectural changes and appearances.

Not all issues are equal. Some are one-time events, like fireworks. Others are continuing conditions, like an unapproved paint color. Treat them differently. Continuing issues usually deserve a cure deadline and, after that, per-day fines only if your policy allows.

Q: Can the board enforce a rule that conflicts with the CC&Rs?
A: Generally, no. CC&Rs control. Align the rule or amend the CC&Rs before enforcing.

Due process: why notice → hearing → cure

Due process keeps the community fair. It has three parts: clear notice, a real chance to be heard, and an unbiased decision. Courts and statutes look for these steps. Owners are more likely to comply when they feel respected.

Be consistent. Similar facts should lead to similar outcomes. Avoid selective enforcement. Keep a paper trail: what you saw, what you sent, and how the owner responded. Store it in a central system that outlives board turnover.

Q: If the owner cures before the hearing, do we still meet?
A: Often no. Document the cure and close unless your policy requires a hearing.

Map your hoa violations: notice → hearing → cure

Use a simple, repeatable map. It reduces arguments and speeds up cures. Here’s the standard path and what “good” looks like at each step.

Observe & log: Note who observed what, where, and when. Take dated photos. Cite the exact section of the governing document.
Courtesy reminder (optional): Many owners will fix small issues after a friendly nudge. Offer a short cure window and a phone/email for questions.
First formal notice: Describe facts, cite the duty, state the cure steps, and set a deadline. Include rights and contact details.
Hearing notice: If uncured or serious, schedule a hearing. Give advance notice and list the owner’s rights and evidence you’ll consider.
Pre-hearing prep: Prepare an agenda, exhibits, and a script. Offer reasonable accommodations and remote attendance if needed.
Hearing: Stay calm and structured. Let the owner speak. Ask clarifying questions. Deliberate in executive session.
Decision letter: State findings, cite the rule, set a cure plan, and explain fines or suspensions if allowed. Include appeal or ADR info.
Cure verification & closure: Re-inspect by the deadline. Photograph the fix. Adjust fines per policy. Close the case in your system.

Q: How long should we give to cure?
A: Match the task. Minor issues: ~7–15 days. Bigger repairs or seasonal work: ~15–30+ days.

Timelines & triggers

Pick timelines you can defend. A common cadence is courtesy (7–15 days), then first notice (7–15 days to cure), then hearing notice with 10–15 days’ lead time. Send the decision letter within 5–10 days after the hearing. Re-check the property by the cure deadline.

Emergencies are different. If a situation threatens safety or common property, your CC&Rs may let the association act faster. Document why the situation was urgent and keep the fix narrow.

Q: Do weekends/holidays count in deadlines?
A: Say so in policy. If silent, use a reasonable rule, like calendar days.

Evidence & documentation

Good evidence is simple and specific. Use dated photos or short video clips. Keep short notes on what you saw and when. Signed neighbor statements can help but should not be the only proof. Prior notices and ARC decisions provide context.

Protect privacy. Share only what’s needed to resolve the issue. Avoid posting names or photos in newsletters or groups. Keep sensitive details in executive session and limit access to those with a need to know.

Q: Are anonymous complaints usable?
A: They can trigger an investigation, but decide based on independent evidence.

Write airtight notices

A strong notice is clear and respectful. It names the owner and lot. It states the facts, the duty, the cure steps, the deadline, and the consequences if uncured. It also tells the owner how to ask questions, request accommodations, or appeal.

Deliver notices in line with your documents and state law. First-class mail is common. Certified mail or portal delivery can help you prove receipt. If you use email, have consent and keep a proof trail.

Q: Can we email violation notices only?
A: Yes—only if your documents or state law allow and the owner consented to e-delivery.

Run a fair hearing

Hearing rooms can feel tense. Your job is to set a calm tone and a fair structure. Start on time. State the allegation. Let the owner speak without interruption. Ask clarifying questions. Thank the owner and move to private deliberation.

Use a short script so every hearing runs the same way. Allow written statements if the owner cannot attend. Offer disability and language accommodations. Keep the record clean and professional.

Q: Is a hearing public?
A: Usually no—violations are handled in executive session.

Outcomes, fines, and cure

Most cases end with a cure plan and no fine. That’s a win. For stubborn or serious cases, fines may help change behavior. Use a written fine schedule. Decide whether fines are per occurrence or per day after the deadline. Cap totals and consider waivers when the owner cures quickly.

Suspending amenity access can work too, but only if your documents or law allow. “Self-help” (like mowing and billing back) should be used sparingly and only when clearly authorized and safe.

Q: Do unpaid fines become liens automatically?
A: Not always. Many states allow liens for assessments, not fines—check your statute.

Special situations

Tenants complicate communication, but the owner is still responsible. Send the owner all notices and, as a courtesy, copy the tenant. When contractors cause issues—like debris or blocked streets—hold the owner accountable and require site rules in contracts.

Some topics are protected by law. Be careful with disability accommodations and service animals. Many states also protect certain flags, political signs, solar panels, satellite dishes, and drought-resistant landscaping. Learn your state’s limits and make reasonable room for rights.

Q: Can we restrict service animals at amenities?
A: No. Follow Fair Housing/ADA rules; you may set reasonable behavior standards.

Legal pitfalls to avoid

Three traps cause most trouble: selective enforcement, defective notices, and overreach. If you ignored similar cases in the past, reset with a written policy and consistent future enforcement. If a rule conflicts with a higher document, fix it before enforcing. Don’t use fines or suspensions you are not clearly authorized to use.

Q: We overlooked similar violations before—are we stuck?
A: Not necessarily. Publish a policy update and apply it prospectively with consistency.

Records, privacy & reporting

Keep the file complete and tidy: notices, proofs of delivery, photos, hearing minutes (executive session), decisions, and cure confirmations. Set retention timelines that match your state law and your records policy. Log who viewed sensitive records and when.

Owners often have inspection rights. When you share records, redact private data like contact details and health information. Share decision letters with the affected owner, not the whole community.

Q: Are hearing minutes shared broadly?
A: Typically no. Provide the decision letter to the involved owner only.

Examples & table

One-time vs continuing violations
Type	Definition	Examples	Cure logic
One-time	Occurs at a point in time	Overnight street parking; fireworks; noisy party	Warning/fine; educate; focus on prevention
Continuing	Persists until fixed	Unapproved paint color; debris; dead lawn	Set deadline; per-day fines after deadline; verify cure

Program KPIs & governance

Measure what matters. Track time-to-first-notice (observation to notice). Watch your first-notice compliance rate—most cases should cure without a hearing. Monitor repeat rate within 12 months. Keep the average fine per cured case low; fines are a nudge, not a revenue source. Review cycle time from observation to closure and look for bottlenecks.

Time-to-first-notice: days from observation → courtesy/formal notice.
First-notice compliance rate: target 70%+ curing without hearing.
Repeat rate (12 months): % of lots with a second similar violation.
Average fine per cured case: aim low; waive when promptly cured.
Cycle time: observation → closure (median days).

Key numbers

Courtesy cure window: 7–15 days for minor issues.
Formal cure window: 15–30 days for repairs/landscaping.
Hearing lead time: 10–15 days advance notice with rights listed.
Decision letters: aim for 5–10 days post-hearing.
Fine ranges: often $25–$100 initial, escalating for repeats (per policy).

How-tos

How to cure a violation quickly (owner)

Read the notice and find the exact covenant and the cure steps.
Ask clarifying questions early; request reasonable accommodations if needed.
If ARC approval is required, submit the application immediately.
Start the fix and send dated photos or receipts as proof of progress.
Confirm completion in writing and request a closure note.

Pre-hearing checklist (board/committee)

Confirm prior notice + cure window were sent with proof of delivery.
Assemble dated photos, policy cites, prior correspondence, and any ARC decisions.
Offer reasonable accommodations (disability/language) and remote attendance if needed.
Include owner rights in the notice (speak, submit evidence, bring a representative).
Set a neutral panel; recuse anyone with a conflict.

How to run a fair hearing (board/committee)

Send a detailed hearing notice with date, time, place, rights, and evidence list.
Prepare an agenda, exhibits, and a script; assign roles (chair, note-taker).
Open the hearing, state the allegation, and invite the owner to speak.
Ask clarifying questions; move to executive session for deliberation.
Issue a written decision with findings, cure plan, timeline, and appeal options.

FAQ

Can a fine be charged without offering a hearing?
Generally no. Most governing documents or state laws require notice and an opportunity to be heard before fines or suspensions. Emergencies are limited exceptions—document why.

How many days must an HOA give to cure?
Policies vary. Many communities use 7–15 days for minor issues and 15–30+ days for repairs or landscaping. Build flexibility for weather, contractors, and good-faith progress.

Are violations visible to neighbors?
Generally no. Handle violations privately in executive session. Public shaming invites disputes and legal risk—share education, not names.

What if it’s really a neighbor dispute?
Investigate neutrally. Look for objective evidence. Consider mediation if facts are contested or the issue is interpersonal rather than a clear covenant breach.

Can the board enter my lot to fix things?
Only if clearly authorized in the CC&Rs and when necessary (e.g., safety). Provide notice where required and limit work to the minimum needed to abate the problem.

Use RunHOA to simplify

Track violations with photos, policy citations, statuses, and cure deadlines in Violations.
Export letter templates to PDF and log proofs of delivery in Documents.
Schedule hearings and attach agendas in Calendar and message owners via Communications.
Keep board-only notes private and share decisions securely through the Directory and website & portal.

References

State specifics vary. For timelines and hearing requirements, see for example Florida Ch. 720.