Common Reasons for an HOA to Suspend Privileges
An HOA is an organization that governs a residential community, making and enforcing rules to maintain the appearance, safety, and value of the properties within it. When you purchase a home in an HOA-governed neighborhood, you must abide by its rules and regulations.
When an HOA member fails to comply with the association’s rules or meet their financial obligations, the HOA board may decide to suspend certain privileges to enforce compliance. The scope of this suspension can vary depending on the severity of the violation and the specific rules of the HOA.
Common privileges that may be suspended include:
- Access to common areas like pools, clubhouses, or fitness centers.
- Participation in HOA meetings and voting rights.
- Use of community services, like trash collection or landscaping.
Some typical reasons why an HOA may choose to suspend a member’s privileges include:
- Non-payment of dues or assessments.
- Repeated violations of community rules or architectural guidelines.
- Conduct that threatens the safety or well-being of other residents.
- Failure to maintain the property in accordance with HOA standards.
The process for suspending privileges usually involves the HOA board notifying the homeowner of the alleged violation, providing them an opportunity to rectify the issue or dispute the allegations, and then suspending if the homeowner fails to comply.
Key Legal Aspects of an HOA Suspension of Privileges
When an HOA issues a suspension of privileges, it is essential to understand the legal aspects involved. Some common legal issues that may arise include:
- Fairness: The suspension must be applied fairly and consistently to all members without showing favoritism or bias.
- Due process: The HOA must follow its own rules and procedures when suspending, including providing proper notice and an opportunity for the homeowner to contest the allegations.
- Access to evidence: Homeowners should have access to evidence supporting the HOA’s decision, such as documentation of violations or delinquent payments.
An HOA can suspend the privileges of members if frequent violations occur. If you need help with your HOA, speak with our Ocean City HOA lawyers at Oliveri & Larsen. Call us at 410-295-3000 or contact us online to schedule a consultation. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.