HOA Violation Letters: Templates and Tips

An unpleasant but necessary community association task: the official violation letter. No matter what, HOA violations will occur at some point. Whether you’re a homeowner or a board member, understanding common violations and how to resolve them is necessary. Homeowners forget the rules or violate them on purpose, crossing their fingers that they’ll slip the HOA’s notice just this once.

8 Common Violations

For new neighborhood members, it’s courteous for a community association, like an HOA, to offer a list of common violations to new homeowners. Because let’s be honest, they’re unlikely to read the entire list of HOA bylaws. But, this way, the HOA can be assured that each homeowner has the necessary knowledge to avoid common violations and the fines associated with them.

• Smoking: Smoking that creates a nuisance (whether it be cigarettes, cigars, or marijuana) is a common violation, especially in closely spaced properties. 
• Pets: HOAs may impose limits on how many pets are allowed on your property.
• Home renovations: A good portion of HOA rules have to do with the appearance of the home, especially the front and any areas visible from the street.
• Landscaping/exterior upkeep: Speaking of the front of the home, the lawn is a big HOA concern. Rules regarding overgrown weeds, lawns, or front yard clutter are often overlooked. Some associations even have rules regarding front yard signage.
• Prohibited rentals: Many HOAs have rules regarding renting property to a third party, or rules prohibiting short-term rentals. Know who’s living in your neighborhood.
• Garbage: Many HOAs are strict about when trash and recycling cans should be brought to the curb and returned after collection. 
• Vehicles: Rules about how many and what types of vehicles can be visible from the street are common. Out-of-town guests may need to register their vehicle with the HOA depending on the length of their stay.  
• Noise: While most cities and counties have noise ordinances that must be followed, many HOAs will have additional rules that restrict loud noises between certain hours. 

Essential Elements of the Violation Letter

Unfortunately, making homeowners aware of common violations doesn’t mean that the HOA will never have to send another violation letter. Before drafting your next violation letter, let’s get familiar with the necessary elements the letter should contain:

• Greeting: Greet the recipient warmly and by their first name. 
• Purpose of the letter: Clearly state the purpose of the letter straight away.
• What notice is this? If this isn’t the first notice of a violation, mention that here.
• Include specific details: Including specific details, such as dates, times, or photos (if available) of a violation will make it more difficult for a homeowner to dispute the veracity of the claim.
• Reference HOA rule: Now is the time to reference which rule has been broken. It’s a good idea to quote the rule in full so the homeowner can look it up on their own time if they believe a mistake has been made. 
• Give a timeline for correction: State how much time the homeowner has to correct the violation. 
• What’s next: Mention what will happen if the issue isn’t addressed. Is it a fine? Another letter? Legal action? Make that clear. 
• Signature: The letter should be signed either by the committee as a whole or the HOA president, regardless of who drafts the letter. Although violation letter writing may be a task for one committee member, the homeowner should understand that the letter isn’t just a complaint from a neighbor, but official action taken by the HOA.

Violation Letter Templates

Time to put it into practice. Here’s how you could draft a series of typical violation notices to a homeowner in your neighborhood. 

You should always address the letter to the homeowner, not a tenant. Clarify whether you are addressing the landlord of a property or the occupant before you begin. 

For example, when communicating with a landlord who is the owner of the home but does not occupy the property, it’s appropriate to allow a little more time for correction of the violation as the landlord must then, in turn, communicate with their tenants. 

Initial Notice

The first notice should be formal, yet polite. Assume best intentions on behalf of the occupants of the home. For example:

Dear ___________, 

It has come to the attention of the homeowners association that a violation of our bylaws has occurred. This letter is the first formal notice of the violation. 

Beginning Tuesday, August 17, 2021, at approximately 2:35, an unauthorized leisure vehicle was parked in the front yard of your home. Please see attached photos for reference. 

Please note that (rule number) of the HOA charter states, “QUOTE RULE IN FULL HERE”. If the offending vehicle is removed according to the rule within 24 hours, no fine will occur. 

However, if it remains in its current place, the HOA will follow this letter with an official notice that includes a $100 fine as stated in the charter. 

We believe that our residents are good neighbors who do not knowingly violate HOA bylaws. In that spirit we wish to encourage compliance, not to punish violators or generate revenue. 

Thank you for understanding how adhering to these rules makes our neighborhood a more beautiful and pleasant place for us all to live. 

Please do not hesitate to contact me if you have any questions or concerns about this matter.

Warmly, 

Roberta Jones

HOA President

Second Notice

The second notice may have a more urgent tone, but will still focus on the violation, and the facts and information surrounding it. Never shift focus to the occupant’s character or behavior.

For example: 

Dear ___________, 

We are following up regarding a communication delivered to you last week. As you may already know, it has come to the attention of the homeowners association that a violation of our bylaws has occurred. This letter is the second formal notice of the violation. 

To review: Beginning Tuesday, August 17, 2021, at approximately 2:35, an unauthorized leisure vehicle was parked in the front yard of your home. Please see attached photos for reference. 

You may remember that (rule number) of the HOA charter states, “QUOTE RULE IN FULL HERE”. Since the offending vehicle has not yet been removed, we must inform you that you have been fined $100. 

The fine should be paid either online at our website (put website address here) or via check to the HOA President. 

We know that our residents are good neighbors who usually do not knowingly violate HOA bylaws. In that spirit we wish to encourage compliance, not to punish violators or generate revenue. 

Thank you for understanding how adhering to these rules makes our neighborhood a more beautiful and pleasant place for us all to live. 

Please do not hesitate to contact me if you have any questions or concerns about this matter.

Warmly, 

Roberta Jones

HOA President

Final Notice

This notice may include information regarding fines or legal action that may follow if the violation is not addressed. 

For example: 

Dear ___________, 

This letter follows two previous communications regarding a repeated violation of the HOA’s bylaws. As you already know, it came to the attention of the homeowners association that a violation occurred several weeks ago. This letter is the final notice of the violation. 

As you have already been informed – Beginning Tuesday, August 17, 2021, at approximately 2:35, an unauthorized leisure vehicle was parked in the front yard of your home. Please see attached photos for reference. 

(Rule number) of the HOA charter states, “QUOTE RULE IN FULL HERE”. Since the offending vehicle still has not been removed, your fine has increased to $500 and a formal meeting of the HOA will take place (DATE/TIME/LOCATION) to discuss further action that may be taken.

If you wish to dispute the fine or violation you must be present at this meeting. Additionally, the fine must be paid either online at our website (put website address here) or via check to the HOA President prior to the meeting.  

We know that our residents are good neighbors who usually do not knowingly violate HOA bylaws. In that spirit we wish to encourage compliance, not to punish violators or generate revenue. 

Thank you for understanding how adhering to these rules makes our neighborhood a more beautiful and pleasant place for us all to live. 

Please do not hesitate to contact me if you have any questions or concerns about this matter.

Warmly, 

Roberta Jones

HOA President

6 Common HOA Member Questions

#1: When should you deliver the letter? 

As close as possible to the occurrence of the violation. The sooner the better, and the quicker it can be resolved. 

#2: How should you deliver the letter? 

If the head of the HOA or person delivering the letter (perhaps the secretary of the HOA) has a relationship with the homeowner, then delivering face-to-face is preferable. But, if this will be unnecessarily awkward or there’s no prior relationship, then hand-delivering the letter to a mailbox is perfectly appropriate. For a second, third, or final notice, the HOA may consider sending the letter through the mail in order to get confirmation that the letter has been received by the homeowner.  

#3: How many warnings should you allow as a rule?

Many HOAs will answer this question as part of their bylaws so make sure to check yours first. If there is not a standard protocol regarding the number of warnings let the “rule of 3” guide you. A first warning, a second warning, and a final warning. Make sure as well to space these warnings appropriately so the homeowner has sufficient time to fix the problem. 

#4: How much time should you allow for the violation to be fixed?

Speaking of which, how much time is appropriate for the violation depends on the violation. If it’s something simple such as smoking near neighbors then it should be addressed immediately. If it involves repair work, lawn work, or any other maintenance that will take time and money, then allowing 4-6 weeks is generous and appropriate.

#5: What can you do if the violation isn’t addressed?

While different states have different rules, there are steps HOAs can take when violations aren’t addressed in a timely manner. Remember that the goal is always to correct the violation rather than to evict a tenant or homeowner.

If a homeowner does not pay fines and/or repeatedly ignores notices related to a violation, the HOA may have the authority to foreclose on the property, depending on state laws. Regarding a tenant, the HOA will generally communicate with the homeowner and not the tenant directly, leaving extreme actions like eviction in the hands of the homeowner (Rocket Lawyer).

#6: What do you do with a unique situation? 

Most violations are standard, addressed in the homeowners association rules, and easily dispensed with. But, when a unique situation occurs, what do you do? If something isn’t addressed in the HOA handbook, first find out if it’s legal or illegal. You may need to pass the situation along to the authorities. If the activity is legal, it may be time to call an HOA meeting to discuss the issue and put it to a vote. In unique situations, it’s a good idea to involve the offending homeowner as soon as possible so their voice can be part of the conversation.

More Information

If you’re interested in weekly tips for HOA board members and other useful information, check out what a property management company can do to help an HOA.