My Neighbor Built a Structure Without HOA Approval: What Happens Now?

If your neighbor builds a structure without HOA approval, the HOA can require removal, impose fines, or demand retroactive approval. You should promptly report the violation to your HOA board to start the enforcement process.

What if the neighbor ignores the HOA’s demands? The association may escalate by placing a lien on the property or pursuing legal action to compel compliance.

Dealing with an unauthorized build next door can feel overwhelming, but knowing your rights and the correct steps makes a big difference. This guide walks you through the typical outcomes, how to report issues effectively, and ways to resolve disputes amicably. You will learn what actions the HOA might take and how to protect your property’s value and harmony in the neighborhood.

Understanding HOA Rules and Approval Requirements

Explain what CC&Rs and covenants cover for structures

Your community’s Covenants, Conditions, and Restrictions (CC&Rs) are the rulebook for property appearances. These documents legally dictate everything from the height of a fence to the color you can paint your shed. They exist to protect property values and maintain a cohesive look for the neighborhood. Covenants specifically cover architectural control, meaning any structure, whether permanent or temporary, usually needs a green light from the HOA’s architectural review committee.

Clarify the difference between HOA approval and building permits

Many homeowners confuse these two requirements, but they serve completely different purposes. A building permit comes from your local city or county government. Its focus is solely on safety, ensuring the structure meets electrical, plumbing, and structural codes. HOA approval, on the other hand, is about aesthetics and community standards. Your neighbor could have a valid building permit from the city for their new deck, but if its design violates the CC&Rs, the HOA can still require them to alter or remove it, even if they have HOA approval.

List common types of structures that need HOA review

Virtually any addition to your property will likely need a second look from the architectural committee. Common examples include:

• Fences and freestanding walls
• Storage sheds and detached garages
• Decks, patios, and pergolas
• Pools and hot tubs
• Play structures and swing sets
• Major landscaping features like retaining walls
• Satellite dishes placed in visible locations

Always check your specific CC&Rs, as some HOAs have surprising rules about minor items like dog houses or portable gazebos.

Steps to Take After Discovering an Unapproved Structure

1. Gather evidence and document the violation

Start by taking clear, dated photographs of the unapproved structure from multiple angles. Good documentation creates a solid timeline and provides undeniable proof for the HOA board. Note when construction began and if it appears to be ongoing. If you feel comfortable, you might also casually ask your neighbor about their project to understand their intentions, but avoid confrontational accusations.

2. Check your HOA governing documents for specific rules

Before you report anything, review your own copy of the CC&Rs and architectural guidelines. Knowing the exact bylaw your neighbor violated gives your report much more weight and clarity. Look for sections on “architectural control,” “property modifications,” or “exterior structures.” This step ensures you are correct about the violation and understand the specific rule being broken.

3. Report the violation to the HOA board formally

Submit your concern in writing via the official channel, which is often an online portal, dedicated email, or a letter to the property manager. A formal, written report creates a record and obligates the board to follow its own enforcement procedures. Be factual and polite in your report. Simply state the address, describe the structure, reference the specific CC&R rule it violates, and attach your photographic evidence.

4. Follow up on the HOA’s response timeline

Your governing documents should outline how quickly the board must act on a violation complaint. Politely following up after a reasonable period shows you are serious and keeps the process moving. If you don’t hear back within the stated timeframe, send a brief, courteous email to the board president or property manager asking for a status update. This maintains pressure without being aggressive.

HOA Enforcement and Violation Consequences

Detail the violation notice process and potential fines

The enforcement process typically starts with a formal written notice from the HOA. This letter will describe the violation, cite the governing documents, and give a deadline for the homeowner to respond or comply. The neighbor is usually given a chance to submit a retroactive application for approval or to explain their side. If they fail to respond or comply, the board can then levy fines according to a schedule outlined in the CC&Rs.

Explain stop-work orders and injunctions

If construction is still ongoing, the HOA can issue an immediate stop-work order. This legally demands that all construction activity cease until the matter is resolved with the architectural committee. For severe or unresolved cases, the HOA may seek a court injunction. This is a legal order from a judge that forces the homeowner to stop building or to dismantle the structure, with failure to comply resulting in contempt of court charges.

Cover penalties like daily fines or legal action

Monetary penalties can escalate quickly if a homeowner refuses to cooperate. Many HOAs impose accruing daily fines until the violation is corrected, which can become a significant financial burden. If fines go unpaid, the HOA can place a lien on the homeowner’s property. A lien attaches to the property and stays with the home, potentially delaying sale or refinancing until it is cleared. In many cases, you must settle the delinquent charges to remove the lien. In the most extreme cases, the association may pursue a lawsuit to force compliance, with the violating homeowner being responsible for the HOA’s legal fees as well as their own.

Resolving Disputes with Your Neighbor and HOA

Discuss mediation and board hearing options

Mediation brings in a neutral third party to help you and your neighbor find common ground without courtroom drama. This approach often saves time and money while preserving neighborhood relationships.

Your HOA board might hold a formal hearing to review the violation and listen to both sides. Preparing a clear statement and any evidence beforehand can significantly influence the board’s decision. Staying calm and organized during the hearing helps you handle the dispute with your HOA effectively. Present your case respectfully and follow up with any requested documentation to reinforce your position.

• Mediation is voluntary and focuses on collaborative solutions
• Board hearings follow HOA bylaws and may result in fines or orders
• Both options require open communication and documentation of issues

Outline steps for neighbor compliance or variance requests

If your neighbor needs to comply with HOA rules, start by discussing the required changes calmly. Many neighbors respond positively when approached with respect and a clear explanation of the guidelines.

For structures that can’t easily meet standards, a variance request asks the HOA for permission to keep it as-is. Submitting a detailed variance application with reasons like hardship or minimal impact improves approval chances.

1. Review the specific HOA violation notice together
2. Agree on a timeline for modifications or removal
3. Help your neighbor gather support from other residents if seeking a variance
4. Present the case at an HOA meeting with photos and plans

Describe remediation and nonconforming structure solutions

Remediation involves altering the structure to match HOA standards, such as repainting or resizing. Working with a contractor familiar with HOA rules can streamline this process and avoid further issues.

Nonconforming structures might be grandfathered in if they existed before rule changes. Your HOA could allow the structure to remain with conditions, like regular inspections or aesthetic updates.

• Remediation options include partial demolition or design adjustments
• Nonconforming solutions may require a formal agreement with the HOA
• Document all changes to prove compliance during future reviews

When Legal Action and Escalation Are Necessary

Identify signs that litigation may be needed

Persistent refusal to address the violation after multiple warnings is a clear red flag. If your neighbor ignores formal notices and mediation attempts, legal steps might be your only recourse.

Significant safety hazards or property value damage from the structure often justify escalation. Courts tend to side with HOAs when violations pose real risks to the community.

• Repeated fines with no action from the neighbor
• Threats or hostile behavior during discussions
• Evidence that the structure violates local building codes

Compare mediation versus court actions

Mediation is informal and aims for mutual agreement without binding rulings. You keep control over the outcome but need willingness from both parties to cooperate.

Court actions involve lawsuits that can enforce HOA covenants through judges. Litigation provides a definitive resolution but often strains relationships and incurs high costs. Many HOAs consider arbitration or mediation as alternatives to litigation. Understanding which option better fits an HOA dispute depends on factors like enforceability, confidentiality, and the desire to preserve relationships.

Aspect	Mediation	Court Actions
Cost	Lower fees and shared expenses	High attorney and court costs
Timeframe	Weeks to a few months	Months or even years
Outcome Control	Parties decide together	Judge imposes a binding decision

Note the role of zoning and building code enforcement

Local zoning laws might override HOA rules if the structure violates setback or height limits. Reporting the issue to municipal code enforcement can trigger independent inspections and orders for correction.

Building code violations, like faulty electrical work, pose safety risks that require immediate attention. Authorities may mandate removal or repairs regardless of HOA approval status.

• Zoning departments handle land use issues outside HOA scope
• Code enforcement ensures structures meet safety standards
• Coordinate with local agencies to address violations comprehensively

Protecting Your Property and Community Standards

When a neighbor builds without permission, it feels personal. Your immediate focus should shift to protecting your own property’s value and ensuring the HOA enforces its rules fairly for everyone. This isn’t about starting a feud; it’s about safeguarding the community you invested in.

Advise on long-term documentation of violations

Thorough documentation creates an undeniable record if the issue escalates. Begin a dedicated file with clear, time-stamped photos and videos of the unapproved structure from multiple angles. Capture its progression if it’s still under construction.

• Take new photos weekly to show the structure is permanent.
• Save all correspondence with the HOA, including emails and official violation letters.
• Keep a simple log with dates and notes of any conversations with your neighbor or board members.
• If the structure impacts you directly, note any specific instances, like noise or blocked views.

This paper trail becomes critical evidence if the HOA needs to pursue legal action or fines. It transforms a “he said, she said” situation into a clear case of non-compliance. Understanding HOA due process and your rights during violation proceedings helps you navigate notices, deadlines, and the opportunity to respond effectively. Being informed about due process protects you and ensures fair treatment at every step of the process.

Suggest ways to work with the HOA for consistent enforcement

Your role is to be a persistent but polite reminder to the board of their duty. Frame your communications around a desire for consistent rule enforcement, not just targeting one neighbor. This aligns your concern with the board’s core responsibility.

• Attend board meetings and calmly reference the specific covenant that was violated.
• Politely ask about the standard enforcement procedure and its timeline.
• If the board seems hesitant, remind them that allowing one violation sets a precedent for others.
• Suggest a community-wide reminder about the architectural review process to prevent future issues.

A unified front on rules prevents a slippery slope where standards erode over time. Your calm persistence helps the board do its job effectively for the entire neighborhood.

Highlight how compliance preserves property values

HOA rules exist for a powerful, collective reason. Strict adherence to architectural guidelines is a primary defense against declining home values in your community. Unapproved structures create visual chaos and signal that standards are not enforced. Are HOA rules regulations, and why do they matter? They are enforceable standards that protect property values and preserve neighborhood character.

• Prospective buyers are deterred by neighborhoods with inconsistent aesthetics.
• Appraisers may assign lower values to comparable homes if nearby non-compliant structures exist.
• One unapproved shed or fence can lead to more, creating a domino effect of visual blight.
• Consistent compliance maintains the character and desirability that attracted you to the community.

Protecting your largest investment means ensuring everyone plays by the same rules. Your actions help maintain the quality of life and financial stability for every homeowner.

FAQs

What happens if my neighbor ignores the HOA’s violation notice?

The HOA will typically escalate its response by imposing daily fines. If the fines remain unpaid, the association can place a lien on the property, making it difficult to sell or refinance. These actions illustrate the key differences between HOA fines, liens, and foreclosure. Understanding these differences—how fines accrue, when a lien is placed, and how foreclosure proceeds—can help homeowners navigate enforcement options.

Can the HOA sue my neighbor over an unapproved structure?

Yes, if all other attempts at resolution fail, the HOA can file a lawsuit. The goal of the lawsuit is to get a court order compelling your neighbor to remove or alter the structure to comply with the rules.

Is it possible for my neighbor to get retroactive approval for the structure?

In some cases, the HOA may allow the homeowner to submit a retroactive application for architectural review. However, approval is not guaranteed and the board can still require modifications or even full removal of the structure. From there, the architectural review journey begins. The timeline from application to approval can vary by project and HOA, with possible revision rounds along the way.

How much can the HOA fine my neighbor for this violation?

The fine amount and structure are detailed in your community’s governing documents. Fines often start with a one-time penalty and can escalate to accruing daily fines until the violation is corrected.

Resolving Unapproved Structures in Your HOA

Start by checking your HOA’s rules and having a polite conversation with your neighbor about the issue. If that doesn’t work, formally report the violation to your HOA board, which can enforce consequences like fines or required modifications to bring the structure into compliance.

Further Reading & Sources

• What happens if you don’t get HOA approval: renovations – e-architect
• HOA Rules: Navigating Home Changes Approval – HAR.com
• What Projects Require HOA Approval? Plan Carefully Before Starting a Project
• The HOA ACC Review Process Explained