From experience, receiving a violation from my HOA didn’t make my day; however, I did need to own it. I bought into an HOA because I want to make sure my neighbors are maintaining their homes to maintain the value of mine when it comes time to refinancing or selling.

When the developer builds a new community, they start a Non-Profit Corporation and file Articles of Incorporation just like starting any other business. They have their attorney draft the (association’s governing documents) Articles of Incorporation, Bylaws, and Covenants Conditions and Restrictions (CC&Rs) that include the plat map that define common areas. Plat maps show if there are private streets, how many lots they will build in phases of construction, utility easements, etc. The Documents recorded and adopted by the Declarant. They may also adopt a Penalty Policy which confirms the process of violations, Collection Policy, etc. I can’t stress enough; how important it is to review all of these documents before escrow closes and documents are signed. If you don’t agree with those documents later, it won’t matter because they’re enforceable by law.

Developers are selling homes to protect their interest, create curb appeal, and to ensure new owners maintain their lots next to the developer-owned lot being sold. They create restrictions in the CC&Rs and sometimes adopt Rules and Regulations to further define the CC&Rs restrictions. Those restrictions will include things like, the owner is responsible for maintaining their front yards by pulling weeds, removing and replacing dead plant material, etc.

In accordance with Nevada Law, the Declarant Board will contract with a Community Management Company to enforce the governing documents, maintain the common areas, and manage the finances. Part of the management agreement includes monthly inspections of the common areas and lots. If there are any violations regarding the restrictions in the CC&Rs and/or rules and regulations, Management is contracted to send a written and sometimes emailed notice to the homeowner to cure the violation within a typical amount of time, not less than 14 days.

It’s imperative to respond to the violation in writing and if you want it closed, provide a picture of the violation cured. I would suggest keeping your written response on hand for any miscommunication that may arise. Some management companies may still keep the violation open until their next inspection.

Violations are a pain, but they’re necessary so hang in there and trust that the process exists for the good of the entire community.