Are the decisions made by my homeowners association legally binding?

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Question:

Are the decisions made by my homeowners association legally binding?

Answer:

If you buy a house in a planned community, or if you live in a townhouse or a neighborhood with a homeowners association,you likely signed a contract when you moved in. That contract bound you to abide by the rules of the homeowners association and, like other contracts, it is probably going to be legally enforceable. In other words, if your homeowners association makes a decision, you are probably going to have to live with that decision, even if you do not like it.

Homeowners association contracts generally have clauses built into them that specify the penalties associated with violating decisions made by the homeowners association. You can be required to pay fines, change the color of your home or exterior features, or even tear down things you may have built that don't meet the approval of the homeowners association. The bad news is, if the original documents that you signed specified that the homeowners association had control over that issue, there's not going to be much you can do about it. 

The only exception may exist if your homeowners association is trying to compel you do to something, or not do something, that is not covered by the homeowners association contract. If your homeowners association is behaving in a hostile, aggressive or abusive manner and abusing their power, you may also be able to get a court to intervene. You will, however, have to have clear evidence that the homeowners association is engaging in abusive practices and that they are doing something that is outside the bounds of what you agreed to. This can be an uphill battle. 

To increase your chances of success at fighting your homeowners association, or to get help finding out what your options are, you should strongly consider speaking with a lawyer. 

References:

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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