Most current HOA reform laws inexcusably assume that the HOA and its attorney will act in good faith; common homeowner complaints across the states have proven this to be grossly false.
It seems that meaningful HOA enforcement can be attained by filing contempt of court complaints. A “contempt” is disobedience to a court order in which the homeowner can seek jail time and personal financial penalties for the contempt. VERY POWERFUL!
“A judge may impose sanctions such as a fine, jail or social service for someone found guilty of contempt of court, which makes contempt of court a process crime. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems.” (Wikipedia).
Disclaimer; I am not a lawyer and I am not giving legal advice or opinion. Please consult your attorney. Your state certified paralegal may be able to assist you in filing the contempt motion.
Here’s how the legal system works for HOA-Land. The board as a whole, or president, or individual directors violate the governing documents or state laws. They refuse to correct the violations so you must sue to force compliance. When you win in court it issues an order or an injunction to perform, etc. to the wrongdoers. The court says in effect, I’m done. Continued violations occur; what can the homeowner do?
The homeowner can file a contempt of court motion with the same court specifying the failure to obey the court and want you want the court to do. You can seek court punishment of the violators through financial penalties and/or jail time. The original complaint must be against the HOA individuals in order for the contempt to be feared.
Check with your attorney or get the state/county specified contempt motion form; follow the procedure and complete the motion.
Let’s give the Board something to fear. File those contempt motions! No one can solve your HOA problem unless you act as required. You must act or continue to live at the suffrage of the board , or move out.
Below are examples.
To file a contempt of court, you need to1234:
- Fill out the forms for motion and complaint for contempt of court. You can find the forms online or at the court clerk’s office.
- File the forms with the same court that issued the order that was violated. There is no fee to file the motion.
- Send a copy of the forms to the other party or their lawyer.
- Wait for the court to schedule a hearing date.
- Prove that the other party knowingly and willfully violated the order and had the ability to comply with it
HOA Constitutional Government 
George,
Would this work if the Association “Settled” the lawsuit and agreed to strictly enforce all of the community documents in the settlement agreement?
First of all, George, that’s if you win. Have you noticed how many homeowner suit are ruled in favor of the HOA? Not until it reaches the appellate stage do many homeowners get their relief. My assumption is the HOA attorneys are well known in their local area and probably play golf with the lower court judges. That’s just my opinion.