What Happens If You Violate Your HOA’s CC&Rs or Don’t Pay Assessments

If you own property in a neighborhood that has an HOA and you don’t follow the community’s Covenants, Conditions, and Restrictions (CC&Rs) or pay the assessments, you might face a lawsuit or even a foreclosure.

People who live in a planned development are usually part of a homeowners’ association (HOA), which is a nonprofit corporation that is responsible for managing and maintaining the community. The HOA has a lot of power over the homes and homeowners in a planned community. The HOA creates and enforces the rules of the community, as well as determines how much members have to pay in assessments and collects those assessments.

What Happens If You Don’t Follow the CC&Rs

If you own property in a neighborhood that has an HOA and you don’t follow the community’s Covenants, Conditions, and Restrictions (CC&Rs), which are the rules of the neighborhood, get ready for fines and maybe a lawsuit or foreclosure.

Mild Responses to CC&R Violations

If you violate the CC&Rs—for example, you paint your mailbox an unapproved color—you’ll probably get a few notices telling you to repaint the mailbox. If you don’t repaint it, the HOA might take one or more of the following steps:

  • assess a fine against you for each day you don’t fix the problem (for example, $100 per day)
  • go on your property and correct the issue (and charge you for the cost of repainting the mailbox), or
  • suspend your privileges to use the common facilities, like the community pool or gym, until you take care of the matter.