Ask a real estate pro: Can HOA require me to clean a roof that I don’t think is dirty?
Q: Can my association fine me because they’re saying my roof is dirty and needs to be power-washed? When I asked them what the guidelines were, they just pointed to the section that said I was responsible for general maintenance under the declaration. I think my roof looks fine. Can they make me power wash my roof? — Zach
A: Homeowners associations have the authority to enforce rules and regulations, but that authority has limits. While an HOA may impose fines for violations of its governing documents, such as the declaration, bylaws, or reasonable rules. However, those rules must be clearly defined and properly adopted.
A vague requirement for “general maintenance” is not enough to justify a fine for something specific, like failing to power-wash a roof.
When it comes to HOA enforcement, clarity is essential. Depending on your location, the law permits associations to impose fines, but only if the violation is based on a clear and enforceable obligation.
The law also requires procedural safeguards, such as written notice and a hearing before a neutral fining committee. Courts have consistently ruled that restrictions must be specific and unambiguous to be enforceable.