When a resident moves into the community, they agree to follow the HOA rules. As long as all residents do this, things should go smoothly and everyone gets the type of community they want. 

When someone refuses to follow those rules, though, you may find yourself wondering exactly why this is happening. They agreed to it. All the other residents support it. As you look into your legal options, it can help to determine what has led to the disagreement. 

Every situation is unique

Each one of these situations is unique and deserves careful consideration. In one case, for instance, it could just be a problematic resident who doesn’t like being told what to do — a common condition that medical professionals call psychological reactance. In another situation,  a resident could have interpreted the rule incorrectly and never intended to break it. 

The way that you react to a homeowner’s noncompliance with the HOA’s rules largely depends on why it happened, so let’s look at a few reasons this dispute may have started:

• The resident feels that they are being discriminated against and that not everyone has to follow the rule.
• The resident misinterpreted the rule or never even read it before they moved in.
• The resident thinks that the rule goes too far and is ridiculous.
• The resident believes this is a new rule that was implemented after they moved in and without their consent.
• The resident simply has a history of disagreeing with you and seeks out any opportunity to do so.

Regardless of the validity of these reasons — or the lack thereof — you do want to keep them in mind as you move forward with any dispute resolution or other legal options. When a dispute gets started, it’s often prudent to seek legal guidance as early as practical. That can help you head off bigger problems and develop a solid plan to deal with the situation.