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 ...
- 217k
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 ...
- 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 ...
- 45.2k
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
...
- 240k
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 ...
- 240k
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 ...
- 240k
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 ...
- 240k
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 ...
- 240k
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 ...
- 227k
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 ...
- 45.2k
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 ...
- 240k
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&...
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, ...
- 6,182
5
votes
There are some people in neighborhood wanting to put in community pool. There are some that do not want it. Can those not interested be forced to pay?
No
You are free to sell your property and no longer be a part of the HOA.
While you are part of it, it’s participatory democracy - you can advocate for your point of view (no pool), but if you lose ...
- 227k
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 ...
- 4,022
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 ...
- 227k
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 ...
- 4,022
4
votes
Can someone be compelled to prove they are complying with a contract? (If contract doesn't stipulate such proving)
Can someone be compelled to prove they are complying with a contract?
In this context, yes, since its apparent breach is evident. The other answer rightly explains the notion of preponderance of ...
- 45.5k
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,...
- 8,446
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 ...
- 115k
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 ...
- 217k
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 ...
- 115k
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 ...
- 3,688
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 ...
- 8,446
3
votes
HOA bylaws: Are they enforceable absent a contract?
Can the HOA compel payment?
Yes, at least from the standpoint of unjust enrichment or quantum meruit. That is because the resident obtains some benefit(s) from the HOA's activity & expenses, such ...
- 45.5k
3
votes
Accepted
Designated Representative - HOA
An email would be enough. As would an SMS.
“Designated in writing” is pretty straightforward.
- 227k
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 ...
- 217k
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 ...
- 227k
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 ...
- 240k
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) ...
- 3,638
Only top scored, non community-wiki answers of a minimum length are eligible