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63 votes
Accepted

HOA Prohibits "Large Families"

As stated, this is not a reasonable restriction and runs afoul of the Fair Housing Act. You cannot discriminate based on family status, with an exemption for "housing for older persons", and ...
user6726's user avatar
  • 215k
48 votes

HOA Prohibits "Large Families"

What happens if we build a house (with plenty of room), move in with our two kids, and then have another baby? You will start getting spurious violations like: Your grass was not cut Tuesday morning ...
MonkeyZeus's user avatar
  • 1,094
19 votes

HOA Rule Concerning Freedom of Speech in Georgia, USA

The HOA is not the government! The first thing you need to get out of your head is that the First Amendment would apply at all: The First Amendment only protects you from the government. But The HOA ...
Trish's user avatar
  • 40.5k
12 votes

HOA Rule Concerning Freedom of Speech in Georgia, USA

Can this rule actually be enforced by the HOA on other properties in the community that are not owned by the Association? Yes. Could I be fined for breaking this rule if I am standing in my own ...
ohwilleke's user avatar
  • 221k
9 votes

Blocking sidewalk by parking in your driveway

united-states Is it the responsibility of the board of an HOA to enforce county and state laws about blocking a sidewalk. This could go either way, given the limited information available in the ...
ohwilleke's user avatar
  • 221k
7 votes

Can you block the sidewalk in front of your house in a gated community?

Gated communities are generally part of homeowner's associations that have covenants, rules and regulations regarding how you can use your property. In all likelihood, blocking sidewalk, and perhaps ...
ohwilleke's user avatar
  • 221k
7 votes

Why did the neighbors, rather than the beneficiaries, object to the property destruction in Eyerman v. Mercantile Trust Co.?

Why did the neighbors rather than the beneficiaries object to the property destruction in Eyerman v. Mercantile Trust Co.? Short Answer The neighbors were allowed to sue because they benefitted from ...
ohwilleke's user avatar
  • 221k
5 votes

HOA forcing family to pay for facilities which we are prohibited to use

There are two issues. First, can the HOA deny access to its facilities and common areas for an unpaid HOA assessment. There might be exceptions in particular jurisdictions, but the general rule would ...
ohwilleke's user avatar
  • 221k
5 votes

How do I challenge my HOA's decision on my request to modify my property?

You can’t go to court Chapter 435 is an arbitration statute. By joining the HOA, you agreed that disputes would be resolved through arbitration, not litigation. The contract should specify how the ...
Dale M's user avatar
  • 213k
5 votes

Construction: may vs shall

Shall Whenever a law or legal text uses shall there is no discretion allowed. Read it as has to when it prescribes something. If it is written in the negative (shall not), you can read it as it is ...
Trish's user avatar
  • 40.5k
5 votes

Are political flags equivalent to signs?

Are political Flags ("Trump 2024") prohibited under the HOA's no signs rule? Why or why not? Probably. The Florida statute seems to imply that a flag is a type of sign and usually a ...
ohwilleke's user avatar
  • 221k
5 votes

HOA shredded our Money Order. Is Money Order an Official Record? Are there other Records we can request?

Check rules apply here, including Check21 This is a bit complicated because of "old school" check rules and the Check21 changes. First, a money order is basically a "bearer document&...
Harper - Reinstate Monica's user avatar
5 votes

HOA - can individual homeowners sue to prevent me from building addition to the home that the HOA did not timely reject

There are just too many variables to know. There's both the wording on the HOA Covenants, and state and local laws. Many localities, as just one example of a requirement for building modifications, ...
Acccumulation's user avatar
4 votes
Accepted

Do Covenants and/or By Laws become null due to non-enforcement?

Desuetude is the Latin word. https://en.wikipedia.org/wiki/Desuetude Typically there is more to it than just that there was no enforcement for a while. It usually occurs when prosecutors agree not to ...
Putvi's user avatar
  • 4,000
4 votes
Accepted

HOAs and Personal Assistant

When they start giving legal advice ... unless your PA is a lawyer. In a nutshell, legal advice has the following characteristics: Requires legal knowledge, skill, education and judgment Applies ...
Dale M's user avatar
  • 213k
4 votes
Accepted

Can HOA force you to pay for services in addition to dues?

It would be up to your HOA agreement. If you signed a contract agreeing to pay for services then yes. If not then no. An HOA agreement is just a contract like any other and you would have to abide by ...
Putvi's user avatar
  • 4,000
4 votes

Does an HOA have a legal duty to treat all members equally?

Yes, an HOA has a duty to treat all members equally You have my condolences. Dealing with an HOA board and/or fellow residents can be frustrating and exasperating. Unfortunately, as a practical matter,...
Just a guy's user avatar
  • 8,418
4 votes

Are political flags equivalent to signs?

That is going to depend on just how the bylaws define "sign" (if they include a definition). It will also depend on caselaw. In some states (Including I think NJ) courts have held HOA rules ...
David Siegel's user avatar
4 votes

Blocking sidewalk by parking in your driveway

It depends on your state laws, but an HOA is not generally held responsible for enforcing laws of a superior jurisdiction such as state or municipality. Parking so as to block a sidewalk might be ...
user6726's user avatar
  • 215k
3 votes

Florida Condo Law and Kickbacks

If you are given a paid job, and you do the work, then "consideration has been provided", and 1682 will not apply. As to "referral fees" those sound more like kickbacks, but it depends on what, if ...
David Siegel's user avatar
3 votes
Accepted

Can my HOA force us to pay additional costs for unnecessary capital improvements?

This would depend on the detailed terms of the governing documents of the HOA. Some HOA declarations authorize the HOA board to make expenditures needed for maintenance (which can itself be quite ...
Charles E. Grant's user avatar
3 votes
Accepted

Can a Condominium Association Incorporate Without All Owners?

As is often the case, the answer is "it depends." In this case, it depends on: 1) When the condo was organized. Washington law says that all condo associations organized after July 1, 1990, "shall be ...
Just a guy's user avatar
  • 8,418
3 votes
Accepted

Designated Representative - HOA

An email would be enough. As would an SMS. “Designated in writing” is pretty straightforward.
Dale M's user avatar
  • 213k
3 votes
Accepted

HOA and trampoline safety net

The answer depends in part on your relationship to the HOA, and your lease. Normally, you would have no direct relationship to the HOA, instead your legal relationship is with the owner (who has a ...
user6726's user avatar
  • 215k
3 votes

HOA - General Rule Violation

As I understand it you are responsible for removing the stump and replacing the tree. The fact that a particular method was agreed (and failed) doesn’t relieve you of that responsibility. If a ...
Dale M's user avatar
  • 213k
3 votes
Accepted

Is it legal for an HOA to require information on an owner's guests?

Assuming that the HOA duly adopted the rule that requires this disclosure, probably yes. An HOA is not subject to the privacy law or constitutional restrictions of a governmental entity, an HOA is ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

HOA By-Laws: Conflict between amending process and an amendment's change process?

Since you did not provide the full text of your bylaws I will proceed by how I would imagine the language was written. I will give an alternative at the end of the answer. Your organization (HOA) ...
Viktor's user avatar
  • 3,568
3 votes
Accepted

Inheriting an HOA

Yes. An HOA covenant binds successors to the owners who make the HOA declarations and establish the relevant covenants. Generally, there is a process in the HOA rules by which a supermajority of ...
ohwilleke's user avatar
  • 221k

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