![]() It’s good advice to carefully consider all the rules in an HOA contract before signing it. Photo by Jon Bilous on Dreamstime Be Prepared Within just a few years of an HOA’s creation, the list of rules for residents can become quite lengthy. And there’s almost always the occasional rusty-car mechanic who makes new rules necessary. If they intended to ignore the fines, this could have precipitated a lien filing.Īnd, as the board members change (which they often do), new members can bring in a new set of rule interpretations that everyone is expected to follow. The homeowner was fined $25 a day until it was finally removed. For example, the aforementioned peace-sign shaped Christmas wreath was an alleged violation of HOA rules because some residents interpreted it as an anti-war statement and satanic in nature. Unfortunately, this is where the interpretation of the law can loom large. HOA conflicts have become so common and the cases so costly and embroiled that there are literally hundreds of laws in every state meant to cover the rights of both individuals and HOAs. And heaven help anyone if it gets personal. If the law allows for it, attorneys representing an HOA may pursue individuals for non-payment of dues, collections, fines associated with chronic rule-breaking, the filing of liens, and ultimately, foreclosures. Some HOA-administered communities have in-house lawyers to decipher both sides of any complaint or disagreement. It’s not just the fact that powerful HOAs have every homeowner’s signed agreement to follow the rules on file. Each state varies in the amount necessary to trigger a foreclosure, but in California, for example, it’s an $1,800 minimum. Even worse, the HOA may then be able to foreclose on the property to get the funds owed to them. Each homeowner is usually obligated to pay a share for all community property, even if they don’t use it.Īny lien, of course, clouds the home’s clear title and can render the homeowner incapable of selling or refinancing. “But I don’t even use the gym!” you protest. If a homeowner does not pay their annual dues, or pony up the money for an assessment (their share of a new roof on the community clubhouse, for example) the HOA can file a lien on the home. They are (in some cases) forged with the power to fine, place liens against mortgages, and even foreclose on a homeowner’s property. Photo by bestjeroen on Adobe Stock What HOAs Can Legally DoĬovenants, conditions, and restrictions fall under the scope of the HOA bylaws or articles. When a few unknowing homeowners suddenly found they couldn’t fly the American flag (it was too large), park in their own driveway (no commercial vehicles allowed), or hang a peace sign-shaped Christmas wreath (see below) on their own front door, tensions mounted. Just a cursory search reveals no lack of horror stories about HOAs and residents in general. And (gulp) there have even been murders associated with the escalation of angry landowners and board members.Īlarmingly, these are far from isolated incidents. ![]() Irate homeowners such as the rusty-car mechanic have screamed, yelled, fought with neighbors, and engaged in fisticuffs because of what they believed to be intrusive HOA regulations. Indeed, where individual rights are sometimes (even rightfully) scrapped at the behest of a governing board and perturbed homeowners, there may seem to be no easy solution. Scofflaw’s junk car business, in his mind, is on his property, and no one, not even the HOA, can tell him what he can or can’t do with his land. ![]() If your neighbor decides, much to your chagrin, to start working on rusty old cars on their front lawn, your HOA can put a stop to it.īut let’s just say, for example, that Mr. Photo by Lastdays1 on Dreamstime Nobody Likes a Scofflaw The salaries of property managers, employees, and security personnel are usually paid through HOA fees as well. If your subdivision or condo units have a community pool, clubhouse, or gym, the association maintains them for everyone’s use. If your development needs regular snowplowing or landscaping, it’s commonly up to your HOA to make effective use of your monthly dues to assure common areas are maintained. Of course, this costs money, which is why residents are required to pay monthly or yearly fees.Īnd there are some great advantages to having an effective HOA. HOAs are relegated, in effect, to maintain the integrity of the neighborhood. The basic premise of an HOA is to have a board of residents oversee common areas and assure residents follow the rules. If it feels as though your rights as a mortgage-paying homeowner are eroding a bit, you’re not alone.Ībout half of new subdivision and condominium developments start with an HOA already in place, having been created by the developer or builder.
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