What Are HOA Violations and Can They Blow Up a Home Sale?
An HOA, short for homeowners association, is a governing body that manages a community. If you are buying or selling a home within an HOA, the association will be involved in your transaction whether you like it or not. Buyers must complete the HOA application and approval process, while sellers need to make sure they are in good standing with the association.
What Are HOA Violations?
HOA violations depend on the community’s governing documents and enforcement standards. In Wellington and throughout Palm Beach County, the most common violations tend to be maintenance related—issues with exterior paint, roof cleaning, landscaping, or general property upkeep.
When a homeowner violates HOA rules, they usually receive a written notice first. If the issue isn’t resolved, fines may follow. Continued noncompliance can lead to liens against the property, which can delay or even derail a sale.
That’s why both buyers and sellers must ensure that the property is free of outstanding violations before closing. You can learn more about HOAs and their powers from homeowners association resources and local management companies.
How Does the Seller Know if They Have HOA Violations?
If the HOA has cited a homeowner, they should have received a written violation notice explaining the issue and how long they have to correct it. Repeat offenders may receive fewer warnings and immediate fines. Sellers should review all past correspondence and contact their property manager directly to verify whether any open violations remain before listing their home for sale.
In addition, sellers should confirm they are current on HOA dues and that there are no unpaid special assessments. A proactive check avoids last-minute surprises when the title company requests the HOA estoppel later in the transaction.
How Does the Buyer Know if the Seller Has HOA Violations?
Buyers and agents have several ways to check:
- Ask the seller: The simplest route, though the seller may not always know about open violations.
- Contact the property manager: Some management companies may share violation status with the listing agent or buyer’s agent.
- Review the HOA estoppel: Before closing, the title company or closing attorney will request an estoppel certificate. This official document lists the seller’s account status, dues, assessments, and any outstanding violations.
What Happens If the Seller Has HOA Violations?
If violations exist, the seller must correct them before closing. Once resolved, the seller should request a reinspection and updated estoppel from the HOA confirming compliance. Unresolved issues can hold up title clearance and prevent the transaction from closing on time.
What Happens If Violations Aren’t Corrected Before Closing?
Ideally, violations are cleared well before the closing date. But sometimes the estoppel arrives late, revealing unresolved issues just days—or even hours—before settlement. When that happens, there are typically three options:
- Postpone closing until the seller completes the corrections and the HOA confirms compliance.
- Hold funds in escrow—the seller deposits money with the title company until the violations are resolved. Once verified, the funds are released back to the seller.
- Release funds to the buyer if the seller doesn’t fix the issues by an agreed deadline, allowing the buyer to correct them after closing. The escrow amount is usually 3–4 times the estimated cost of the repairs to motivate timely action.
Every case is unique, and sometimes a creative solution between buyer, seller, agents, and the HOA is needed to move forward.
Can HOA Violations Blow Up a Home Sale?
Yes—if left unresolved, HOA violations can absolutely derail a sale. A single unresolved violation can delay the title company’s ability to issue a clear estoppel certificate. When violations are handled early in the process, closings typically go smoothly. When they are discovered late, they can cause stress, delays, and even contract cancellations.
Final Thoughts
Love or hate HOAs, they are part of life in many Florida communities. Sellers should always verify that they have no open violations before listing and again before closing. Buyers—or their agents—should also confirm through the estoppel that the property is in good standing.
When violations are caught early, they can usually be fixed without delaying closing. But when they surface last minute—like discovering a dirty roof or unapproved improvement two days before settlement—everyone involved must act fast or negotiate a workaround to keep the deal alive.
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It's not uncommon for a home to have HOA violations, but when they appear during a sale it can get complicated. Learn how to avoid surprises at closing. #homebuying #homeselling #HOAPopular Questions About HOAs
Can you close on a home without HOA approval?
Whether a buyer can close without HOA approval depends on the community’s governing documents and the purchase contract. If the HOA requires approval, most title companies will not close without it. In contracts that include an HOA approval contingency, the buyer may be able to cancel and receive their deposit back if approval is denied or delayed.
Can an HOA prevent you from buying a home?
Yes, although rare, some associations can deny buyers who fail to meet screening requirements or background criteria outlined in the HOA’s bylaws.
Can an HOA trespass on my property?
Generally, no. However, HOAs sometimes have access rights to limited areas for maintenance purposes, such as shared irrigation lines or easements. The association’s governing documents determine what access is allowed.
Are there unenforceable HOA rules?
Yes. Some HOA rules may be unenforceable if they conflict with state or federal law or the association’s own governing documents. Legal review or board counsel may be required to determine enforceability.
About the Author
Top Wellington Realtor, Michelle Gibson, wrote: “What Are HOA Violations and Can They Blow Up a Home Sale?”
Michelle has been specializing in residential real estate since 2001 throughout Wellington Florida and the surrounding area. Whether you are looking to buy, sell, or rent she will guide you through the entire real estate transaction. If you are ready to put Michelle’s knowledge and expertise to work for you call or e-mail her today.
Areas of service include Wellington, Lake Worth, Royal Palm Beach, Boynton Beach, West Palm Beach, Loxahatchee, Greenacres, and more.
Michelle Gibson of the Hansen Real Estate Group Inc is a full-time REALTOR who has been specializing in Wellington, Florida real estate since 2001. This veteran of the real estate industry has expertise in technology, marketing, and social media.
2 years after the purchase of my house I get a violation letter stating that I must change out the lattice topped fence. I have a signed estoppel stating that ” all violations have been closed” They gave 14 days to do this with NO extension on time to do it. They signed there were NO violations and 2 years later here we are. The former owners installed the fence YEARS ago, at least 8 YEARS ago.
Tom, unfortunately, I’ve heard similar stories and I firmly believe it all boils down to someone not doing their job. Clearly, the person who provided the estoppel didn’t inspect the property or thought it was fine. While the person giving the violation sees it differently.
We purchased a house in June 2023, after closing and getting the keys we came to the house to find a letter from a previous owner saying that the tree in the from was dead. Now HOA is fining us for a dead tree even though we found a prove (dated pictures from Google map) that the tree was dead prior to our purchase and HOA never disclosed the information and title company didn’t inform us during closure (someone just didn’t do their job right). So whose fault is it now?
I recommend reaching out to your real estate agent and a local attorney for guidance. Based on my experience, some HOAs conduct home inspections before approving an HOA application to ensure there are no violations, while others do not. Unfortunately, it seems that the HOA in your community does not inspect for violations before a property is sold to a new owner.
Great post! I had no idea HOA violations could have such a big impact on home sales. It’s definitely something to keep in mind when looking to buy or sell. Thanks for shedding light on this important topic!