Due Process

What is due process for homeowners’ associations?

By law, all homeowners associations (HOAs) are subject to due process. This means they must enforce community rules, impose penalties, and resolve disputes based on agreed-upon procedures and with a certain level of fairness. In addition, community rules must be reasonable and decisions made by the HOA regarding violations must not be discriminatory. Homeowners’ associations have a responsibility to provide all community residents with the governing documents that define their rules and procedures. Residents are obligated to adhere to these rules but have the right to appeal decisions made by the HOA.

Why is due process important for HOAs?

Due process is critical for the health of HOA/resident relationships. It supports transparency and fairness by ensuring residents fully understand the community rules and know how the HOA enforces those rules. It protects residents’ rights by holding the HOA accountable for favoritism or discrimination. Adhering to legal processes also protects the HOA from legal actions, penalties, or accusations that could stain the community’s reputation.

HOAs must maintain updated documentation that defines their rules and enforcement policy. If a dispute arises, they must document all violations, communications with the resident, and decisions. This protects the HOA if they’re taken to court by a resident.

Although it may seem ominous, due process creates an amicable community dynamic.

How can you use “due process” in a sentence?

Our HOA’s due process is outlined in the bylaws.