Some association condo/HOA CC&Rs allow an association to correct a violation on a lot/unit, at the owner’s cost, if the owner fails to correct a violation in a timely manner (this is often referred to as “self-help”). If association documents allow the use of “self-help”, it is important that the association specifically follow the procedures outlined in the association’s documents prior to entering the lot/unit to rectify the violation – including providing proper notice and an opportunity to be heard to the lot/unit owner. 

Self-help is especially useful to remedy landscape maintenance violations.  For other maintenance violations (e.g. painting, structural repairs, etc.), an association may be better served by seeking injunctive relief via a lawsuit filed in Superior Court.

Finally, please exercise caution and safety when exercising self-help.  In the event that a homeowner becomes disgruntled and/or violent upon an association (or its contractor) entering their lot/unit, please immediately exit the lot/unit.  

If your association needs assistance with the enforcement of a violation, please review our Cheat Sheet entitled Collecting Delinquent Assessments, CC&R Enforcement or watch this video from our 2021 HOA/Condo Academy series on the ABC’s of enforcement for HOAs and condos.

If your association has questions on this topic, or any other HOA/condo law topic, please contact Beth Mulcahy, Esq. at bmulcahy@mulcahylawfirm.com.