If you live in a planned community you likely have a Homeowner’s Association that governs your community.  A Homeowner’s Association functions like a town council, maintaining common areas in the neighborhood such as swimming pools and parks.  It is also likely to be in charge of maintaining standards in the community, such as what color you can paint your house, how many cars you can have in your driveway or what kind of mailboxes are allowed.  The Association is usually funded by dues that each homeowner must pay and residents are elected to serve in the positions.  Though the Association is private and not a government, homeowners are usually bound to the Association’s rules through the contract they signed when they bought their home.

STEP 1 – Read the Notice Carefully
How did the Association notify you that you were breaking a rule?  In many situations this will include a written notice.  You should carefully go over the notice to determine what exactly is in violation.

STEP 2 – Know your Rights and the Rules
If you have not read them yet you should read your Homeowner Association’s rules, usually called bylaws or covenants.  This document will include all of the do’s and don’ts of your neighborhood.  It may also explain the process to fight a citation.

STEP 3 – Know the Law
An Association’s bylaws usually cannot trump federal, state or county laws and ordinances.  If an Association’s rule violates a law the rule may be thrown out if you decide to take it to court.  The procedures to fight a violation may be in the state laws as well.

STEP 4 – Due Process
Before you may be fined you must be given notice and afforded the right to a hearing in which you can defend your position.  Either your Association’s bylaws or state’s statute governing homeowner associations will contain this provision.  Notice of the next meeting or a hearing may be included in your violation notice.  You should take the opportunity to object either in writing or in person.  If you do not object the Board may enter a default and if you proceed with a lawsuit a judge may not look favorably at your decision to ignore your earlier opportunity.

STEP 5 – Ask your Neighbors 
An Association must apply all of its bylaws uniformly to all of the residents.  Even if you are breaking a rule you may not be singled out while others are not penalized for the same infraction.  If you are being singled out it may be an arbitrary or discriminatory action by the Association.  Document situations that are similar to yours and the corresponding action/inaction taken by the Association.

STEP 6 – Negotiate with your Association
This may be the most important step.  The entity which cited you is not a distant unseen bureaucracy.  They are your neighbors, maybe even your next door neighbor.  Those serving on the board that cited you are volunteers, they will respond better to a member that is trying to constructively comply rather than one who is engaged in name-calling or other disrespectful behavior.

STEP 7 – Pay the Fine
If your citation requires you to pay a fine you may want to immediately do that even if you are anticipating legal action.  If you lose you may be subject to penalties and interest, if you win you will receive a refund.  However, if you may only comply with the citation by making a change to your property that may be hard or impossible to undo you may want to discuss your options with an attorney.
 
STEP 8 – Consider Alternative Dispute Resolution
If both parties agree, the dispute can be decided by an arbitrator, mediator or by binding negotiations.  A benefit is these methods are less expensive and time consuming and may be less hostile than going to court.  You may also be entitled to have an attorney represent you during the process.

STEP 9 – Hire a Lawyer
If you are unable to work the situation out you may be required to file a lawsuit.  The Association may also file a lawsuit against you as well.  If you are anticipating bringing a lawsuit you should consult with an attorney.  Because a large number of communities today are governed by homeowner’s associations there are many lawyers who have experience in this area.  A lawyer may also be able to help you resolve the situation without having to go to court.

No matter how the situation is resolved you will still have to live with and see these people on a daily basis.  Unless you move, the board members who cited you will still be your neighbors.  That should be an enticement for both parties to keep the dispute process civil.  An attorney can advise you of your rights and obligations and can also represent you in any actions with the association.  If there is personal animosity between yourself and the board, it may be best to have an attorney talk to the board for you.  An attorney who specializes in real estate and zoning law may be best prepared to represent you.

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