An HOA inspection can help the board identify property violations, maintenance concerns, and issues that affect the community. Understanding how to conduct these inspections and the limitations of the board’s authority is paramount to avoiding liability.
What is an HOA Inspection?
An HOA inspection is a careful examination of a property or element. It typically focuses on whether the home or unit complies with the association’s governing documents.
The board or community manager typically looks for issues that involve the following:
- Exterior appearance and maintenance
- Landscaping and yard conditions
- Unauthorized structures or additions
- Fences, decks, and patios
- Exterior paint and siding
- Driveways and sidewalks
- Trash cans and other visible items
- Parking and vehicle restrictions
- Signs and decorations
- Windows and doors
- Balconies and other limited common elements
- Rules concerning pets or other visible violations
The exact inspection scope can vary depending on the community. An association’s CC&Rs, bylaws, and architectural rules usually establish what the HOA can inspect.
Additionally, an HOA property inspection can help identify maintenance issues before they become more expensive problems. This is particularly important for communities with old buildings or shared infrastructure.
What are the Types of HOA Inspections?
Associations can conduct several types of inspections depending on the community’s needs. These include compliance inspections, maintenance inspections, architectural inspections, and condo inspections. Let’s discuss these below.
1. HOA Compliance Inspection
A compliance inspection primarily seeks to identify any violations of the community’s rules. Board members or the community manager may drive through the neighborhood and document what appear to be violations.
That said, these inspections typically focus on the exterior areas of the homes. This is because inspectors can only view the alleged violations from common areas or public roads.
2. Maintenance Inspections
A maintenance inspection involves examining the physical condition of common elements or areas. Examples include roofs, sidewalks, landscaping, lighting, parking areas, drainage systems, and amenities. Inspecting these areas can help the board identify any necessary repairs before their conditions worsen.
3. Architectural Inspections
An architectural inspection is typically conducted when an owner submits an ARC request. Owners who wish to modify or improve their property exteriors must typically seek approval from the HOA board or Architectural Review Committee. This includes fences, landscaping, and other exterior changes.
The purpose of this type of inspection is to determine whether the owner fully complied with the approved plan and existing architectural standards. If, for example, the owner used blue paint when the ARC approved red paint, it could result in a violation.
4. Condominium Inspections
Condominium associations may have additional inspection responsibilities. This is because the association typically maintains more common elements than single-family neighborhoods.
Depending on the governing documents, inspections may include roofs, exterior walls, plumbing and electrical systems, elevators, balconies, parking structures, and other shared components. The condo board should check its CC&Rs and bylaws for guidance.
Can the HOA Inspect Your Home?
There are two things that determine if an HOA can enter a home to inspect it: state laws and the association’s governing documents.
In Maryland, for instance, a condo association may legally enter a unit only when it reasonably needs to investigate damage or make repairs necessary for resident safety (Section 11-125). That said, the association must first make an effort to provide notice, unless there is an obvious and serious threat to people or property.
In general, an HOA doesn’t have unlimited access to a homeowner’s private residence. Some CC&Rs and bylaws may give the board limited inspection rights when necessary. Notice, consent, and access requirements typically apply.
Can the HOA Inspect Garage Areas?
The answer to this depends heavily on the governing documents and the garageis location. If the garage is part of an owner’s property, the right to physically enter it for an inspection is often limited.
Typically, the board just inspects the garage from a common area or public road. Inspections usually focus on parking, storage, alterations, or prohibited activities.
In condo associations, where garages are normally common elements, the board has broader access. Inspections tend to focus on maintenance and safety in these cases.
How Often are HOA Inspections Done?
There is no universal inspection schedule that will work for every HOA. Some associations conduct inspections monthly, quarterly, or annually. Meanwhile, others conduct them periodically or only do so when there is a report of a potential violation.
Common areas tend to require more frequent inspections because the association has ongoing maintenance responsibilities. Furthermore, the size and type of community can also influence the frequency of inspections. Condominiums usually demand more regular inspections.
That said, associations should create maintenance schedules designed for their needs. Sticking to this schedule can prevent small problems from worsening and ensure consistent rule enforcement.
What Happens After an HOA Inspection?
An inspection does not necessarily mean that a homeowner will receive a violation notice. If the property complies with the rules, the board can simply document the inspection and take no further action.
Conversely, if the board identifies a potential violation, it must follow its enforcement procedures. In general, enforcement follows the steps below:
- Document the alleged violation.
- Send a violation notice to the homeowner.
- Provide an opportunity to correct the problem and avoid penalties.
- Allow the homeowner to respond or request a hearing.
- Impose fines or other penalties (when authorized).
- Take additional enforcement action if the violation continues.
For maintenance inspections, the aftermath usually involves documenting the condition and scheduling repairs when necessary. This includes contacting existing vendors (or finding a new one), monitoring progress, and recording the results.
How Should HOA Boards Handle Inspections?
Both HOA and condo boards must adhere to a consistent inspection process. This will make it easier to manage enforcement and maintenance.
First, boards should establish clear requirements and procedures for an HOA inspection. Then, they must apply them consistently throughout the community. Inspectors must document all their findings, including photographs, notes, and inspection reports.
Additionally, the association should avoid treating inspections as a chance to look for minor violations without a legitimate purpose. Board members should never use inspections as an excuse to retaliate against an opposing resident or increase revenue through fines.
The HOA board must always follow clear and reasonable procedures, which involve providing proper notice and giving owners an opportunity to be heard. This will help keep properties well-maintained, support compliance, and reduce disputes.
Inspect Wisely
An HOA inspection can be a useful tool in maintaining curb appeal, minimizing rule violations, and preserving long-term value. Still, board members must conduct them within their limitations and in accordance with proper procedures. Stepping over the line can result in disgruntled residents, diminished trust, and even legal action.
Keymont Community Management offers expert management services to associations in Virginia, Maryland, and Washington, DC. Call us today at 703.752.8300 or request a proposal to start your journey!
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