Encroachment

An encroachment in the context of homeowners associations (HOAs) refers to a situation where a property owner, often unintentionally, builds or extends a structure, fence, landscaping, or other improvement beyond their designated property line and onto an adjacent property. This adjacent property could be another homeowner’s lot, a common area managed by the HOA, or even a public right-of-way. Encroachments are unauthorized intrusions that violate established property boundaries and can lead to significant disputes and legal challenges if not addressed promptly and properly. They directly impact property rights and frequently contravene the community’s governing documents, such as the Covenants, Conditions, and Restrictions (CC&Rs), which define property lines, easements, and setback requirements.

For HOA management, identifying and resolving encroachments is a critical responsibility. Common examples in an HOA setting include a homeowner installing a privacy fence that extends into the common green space, planting trees that grow over a neighbor’s property or into an HOA-maintained utility easement, or constructing a shed that crosses the setback line into an adjacent lot. HOAs must ensure that all property improvements adhere to the community’s architectural guidelines and comply with established property boundaries. Failure to address encroachments can set a dangerous precedent, diminish property values, complicate future property sales, and potentially expose the HOA to liability for neglecting its duty to enforce community standards and protect common assets.

When an encroachment is discovered, the HOA board typically initiates a process to resolve it. This often involves reviewing official property surveys, consulting the CC&Rs and architectural guidelines, and communicating directly with the homeowner responsible for the encroachment. The primary goal is usually to achieve voluntary compliance, which might involve the homeowner removing the encroaching item or, in some specific cases, negotiating an easement or boundary adjustment if permissible and agreeable to all affected parties. If voluntary resolution fails, the HOA may need to pursue more formal enforcement actions, which can range from issuing fines to pursuing legal remedies, to protect the integrity of the community’s property lines and common areas, ensuring fair and consistent application of the governing documents for all residents.

A homeowner installs a new privacy fence that, upon a survey, is found to be 18 inches over their property line and into the HOA's common recreation area.
A resident builds an extension to their patio that extends beyond their lot's designated building envelope and into a neighboring property's setback area, as defined by the community's CC&Rs.