Homeowners association is created to enrich and uphold property values. HOA is responsible for maintaining common areas like lawn, gym, swimming pool, etc. If you are living in a community operated by HOA, you will be asked to contribute a specific amount to cover the upkeep of shared spaces, the exterior of the building, etc. HOAs have strict rules and sometimes these rules are ridiculous like you will be asked to keep the garage door open during the day or you are not allowed to paint your front door of the color of your choice. Because of strict rules, HOAs get a bad reputation. There are homeowners rights against HOA and it is essential to learn the rights to safeguard one’s interest. HOAs are bound by law and you can go to court if you see that your rights are being violated.
Below are the things that your HOA can’t do:
You have the right to get a house in any part of the country under the “Fair Housing Act”. The HOA cannot discriminate against you on the basis of the color of your skin, ethnicity, religion, and gender. If you feel discriminated against you have the right to go to the court.
HOAs get a lot of money through fines; some malicious HOAs fine you for unnecessary causes just to mint money from the residents. You can refuse to pay the fine if it is not mentioned in the community’s CC and Rs (covenants, conditions, and restrictions).
Some Homeowners association set forth unnecessary rules like you can’t paint your mailbox orange or you can’t put a clothesline because it is not pleasing to eyes. Funnily enough, nineteen states have prohibited the restriction imposed by HOAs to not dry your clothes in the sun. It is illegal to put restrictions like “you cannot put your dish to receive cable on the roof because it is ugly”. You are protected by “Over-the-Air Reception Devices” Rule which makes it legal to receive the cable through a dish.
HOAs are not above the law. You have all the rights to go to a court if you are not heard by the HOAs board members. Be sure to show up in all the meetings of Homeowners association concerning your case, write them letters, make them aware of the problem, never miss deadlines. All these things will make your case strong in front of the court. You can hire an expert HOA attorney to represent your case in the court.
Through a free, no-obligation consultation, you can discuss your legal concerns with a partner of our firm. We look forward to answering your questions and seeing how we can meet your legal needs.
Call 954-476-2680 or contact us online today.