What are the enforcement possibilities of a HOA?
Toby Correia made an advice tool to find out which actions a Homeowner Association can take in case of nuisance.
Amsterdam, 19 februari 2018
Homeowner Associations (HOAs) want to pursue a good quality of life in their residential complex. As more and more houses are being let, mixed residential complexes are created. These are apartment complexes where owners and tenants live together. This can create situations that are confusing for some HOAs. Is a tenant, for example, bound by the rules of a HOA? And what can a HOA do if a nuisance is caused?
I have researched the enforcement possibilities of a HOA in a mixed residential complex. I did this research on behalf of Stichting !WOON for the graduation of my law study, at the University of Amsterdam. In the research, I will show how a HOA can act if there is a nuisance and I will discuss the sanction options and their implementation. In doing so, I have made a distinction between maintaining an owner and a tenant.
With the information from this research, I have created a decision tree. This decision tree shows how the board of a HOA can maintain at the moment that rules are violated. This decision tree shows that with regard to the user, the tenant and the owner. The procedure for imposing a fine and denial of use has been worked out. This decision tree is made digitally with the software program Berkeley Publisher. By answering the questions you will find out which procedure must be followed. Please be aware that the advice tool is in Dutch.
*Please be aware that the advice tool is in Dutch.
– Toby Correia, scriptant apartment law at Stichting !WOON
