HOA Due Process : Why It Matters

Inevitably, from time to time, community rules are broken. When this happens, the association informs residents about the problem and follows what is known as due process procedure. If it seems like it's taking longer than expected to receive a response on a specific issue, the important due process procedures may be the cause of the delay.

 What is an HOA's due process?

Simply stated, this means that the association always notifies residents of alleged violations before taking any action. Many times the HOA board will employ a management company, like Heritage Property Management, to send written notices describing the possible rule violation and ask the residents to correct the problem voluntarily by a specific date. These notices also explain any action the association may take if the violation isn’t corrected. 

The association understands that things aren’t always as they seem. So, any time notices are sent to residents, the board wants to hear the resident’s point of view. As a property management company and liaison between homeowners and HOA boards, we can arrange for residents to meet with the board before imposing any type of penalty.

In fact, imposing penalties isn’t the goal at all!

 HOA due process and appealing a decision by the board.

It’s more important that residents comply with the association rules for the good of everyone in the community. These meetings give residents and the board an opportunity to discuss rule violations informally and arrive at a solution. 

After they’ve had a chance to talk to a resident about a rule violation, board members will discuss the situation among themselves and make a decision. Residents generally receive the board’s decision in writing in about 10 business days. For those who may disagree with the decision, most HOA boards have an appeal process.

So next time it seems like you community is moving slower than an iceberg with their communications, keep in mind that there is a process in place to ensure consistency and fairness in every situation that arises.


Do you have more questions about HOA Due Process in your neighborhood? Drop us a line!