Association Rules Owners Commonly Overlook
Receiving a violation notice from your condominium or homeowners association can be frustrating—especially when you didn't realize you were breaking a rule.
At Washington Properties, Inc. (WPI), we find that many violations aren't intentional. Often, an owner simply wasn't aware that approval was required, didn't realize a particular restriction applied, or assumed that something permitted at a previous home would also be permitted in their current community.
Association rules aren't intended simply to tell owners what they can and cannot do. Governing documents establish standards for the community, help protect common property, promote consistency, address safety and liability concerns, and protect the interests of all owners.
Here are some of the most common areas where misunderstandings occur.
1. Making Changes Before Receiving Approval
One of the easiest mistakes to make is beginning a project before determining whether Association approval is required. Depending on your community's governing documents, approval may be required before making changes to patios, decks, doors, windows, landscaping, exterior fixtures, satellite dishes, flooring, or other portions of a unit or common or limited common areas.
Hiring a contractor or scheduling the work does not constitute Association approval. In many communities, an owner must submit required documentation and receive written approval before work begins.
Before starting a project: Review your Association's governing documents and contact WPI if you are unsure whether approval is required. Do not assume a project is approved until you have received the required written approval.
2. Common and Limited Common Areas
A condominium can be different from a single-family home because the area immediately outside your unit may not actually be individually owned property. Patios, balconies, decks, lawns, landscaping, exterior walls, and other areas may be designated as common elements or limited common elements under your Association's Declaration and condominium plat. This means an owner may have exclusive use of an area without having the unrestricted right to alter it.
Before planting, installing, attaching, replacing, or modifying something outside your unit, check your Association's requirements first.
3. Parking and Vehicles
Parking is one of the most frequent sources of Association violations. Depending on the community, rules may address guest parking, roadway parking, garage use, vehicle registration, commercial vehicles, trailers, recreational vehicles, and how long a vehicle may remain in a particular area. These restrictions often serve practical purposes beyond appearance. Keeping roadways and designated areas clear can be important for snow removal, maintenance operations, and emergency vehicle access.
Owners are also generally responsible for making sure their residents, tenants, and guests understand the parking requirements.
4. Renting Your Unit
Owning a condominium does not necessarily mean that a unit can be rented without first following Association requirements. Many communities have specific procedures governing rentals, including Board approval, minimum lease terms, tenant registration, required lease provisions, or restrictions on short-term rentals.
An owner should review the governing documents before signing a lease or allowing a tenant to move into the unit.
Remember: Even when a unit is occupied by a tenant, the unit owner remains responsible to the Association for compliance with the governing documents.
5. Exterior Decorations and Personal Items
Planters, signs, decorations, furniture, bird feeders, and other personal items may seem minor, but Associations frequently have standards governing what may be placed outside a unit and where those items may be located. Rules can also change seasonally because items that are acceptable during the summer may interfere with mowing, landscaping, or snow removal at other times of the year.
Before permanently installing or attaching anything to the exterior of a building, always check your Association's rules.
6. Pets
Pet restrictions vary considerably from one Association to another. A community may regulate the number, size, or type of pets permitted and may have requirements regarding leashes, waste removal, and nuisance behavior.
Never assume that the pet rules from another condominium community apply to yours. Review the governing documents for your specific Association.
7. Noise and Nuisance Issues
Community living means being mindful that walls, floors, driveways, and outdoor spaces may be close to neighboring units. Associations commonly have rules addressing excessive noise and nuisance behavior, particularly during established quiet hours. Music, televisions, parties, vehicles, pets, and other activities can affect surrounding residents even when the noise doesn't seem excessive from inside your own unit.
Being considerate of neighboring units can prevent many complaints before Association involvement becomes necessary.
What Happens When There Is a Violation?
WPI serves as the managing agent for the Association and works at the direction of its Board of Directors. The Association's governing documents and Board-established policies determine the rules and enforcement process; WPI does not independently create those rules.
When a potential violation is identified or reported, management may send a notice requesting that the issue be corrected. Depending on the Association's governing documents and enforcement policy, continued violations may result in additional notices, fines, or other enforcement action.
In most situations, the easiest solution is also the simplest: address the issue promptly and contact management if you have questions.
When in Doubt, Ask Before You Act
Every Association is different. A modification, rental arrangement, parking practice, or exterior item permitted in one WPI-managed community may be prohibited or require approval in another. Before making a change, signing a lease, beginning a project, or assuming something is permitted, take a few minutes to review your Association's governing documents.
If you're still unsure, contact Washington Properties, Inc. We would much rather help you determine the requirements before a project or activity begins than have to contact you about a violation afterward.
