Violation notices
I got a violation notice I disagree with. How do I contest it?
The short answer: contest it in writing, on the record, and fast. Request the specific rule citation if the notice doesn't include one, read the actual rule in your governing documents, gather your evidence, and request a hearing in writing before the deadline passes. From this moment on, everything goes in writing — phone calls don't create a record.
- Don't ignore it. An uncontested violation notice becomes the foundation for fines, and fines become the foundation for liens. The deadline on the notice is real — calendar it the day you receive it.
- Get the citation. The notice should identify the exact rule: document, section, paragraph, the actual words. "Violation of community standards" without a citation isn't enough to answer. Request the citation in writing if it's missing.
- Read the rule yourself. Pull the CC&Rs and rules and regulations. Compare what the notice claims against what the rule actually says. Check when the rule was adopted — a rule passed after your fence was built, or never properly adopted by vote, is contestable.
- Gather your evidence. Photograph the alleged violation with dates. Save receipts, contractor invoices, approval letters from an architectural committee — anything that shows compliance, prior approval, or the timeline. Write down what happened while it's fresh.
- Request a hearing in writing, before the deadline. Most associations and many states give you the right to be heard before penalties are imposed. Your request should be short, factual, and sent in a way you can prove (email with read receipt, or certified mail). How hearings work →
- Follow up in writing after everything. After any conversation or hearing, send a brief email summarizing what was said and agreed. If it isn't in writing, it didn't happen.
What actually wins violations disputes
- The rule doesn't say what they claim. Boards paraphrase rules generously. The actual text wins.
- The procedure was skipped. No notice, no hearing opportunity, no proper vote to adopt the rule — process defects are the most reliable defense in HOA disputes.
- You had approval. Architectural committee approvals, written permissions, grandfathering — paper beats memory.
- Selective enforcement. If the same violation is ignored across the street, the board has an explanation to give. This requires evidence — photos of other properties — not just frustration.
State law matters here
Many states require notice and a hearing opportunity before fines can be imposed for violations. Some set minimum notice periods; some require the board's decision in writing. Check your state's statutes — they may give you rights your board didn't mention.
Informational only — not legal advice.
Violation and hearing procedures vary by state and by your governing documents. Check your state's statutes and your documents, or talk to a local HOA attorney before acting.