Homeowners Association Laws: Do They Have any Power?

If you purchase a residence and become involved in an HOA (or Home Owners Association) you should be made aware of all of the conditions involved. An HOA is formed with the intention of  protecting a particular neighborhood from suffering decreased property value because the surrounding or relative property becomes less of an assessed value. HOA’s often attempt to increase property values by mandating what’s allowed and what’s not when it comes to the visual appearance of your property and what items you may visibly possess on it. So, do you have to follow these homeowners association laws?

The Range of an HOA’s Power

Most Home Owners Associations have produced a contract of sorts, which includes a listing of laws and ordinances within the association that determines and regulates what can be done with a property that is in the area designated by the contract. These contracts can be very extensive, and are often written in legal terms that can be very difficult to decode for most people. Some of the aspects an HOA often attempt to control can be:

• Exterior colors and styles of everything form roofing shingles to shutters to house dimensions.
• Whether you are allowed to have fences or hedges, how tall they are allowed to be and the manner in which they are allowed to be placed.
• Plants, flowerbeds or gardens, any other vegetation allowed. A Home Owners Association can control the types and even the amount of vegetation you’re allowed to plant on your own property, and in what arrangement you are allowed to plant. Some HOAs even standardize the allowed time and schedule when you must mow or maintain your lawn.
• Trash receptacles and even mailboxes are often allowed or disallowed according to size and material they are made from, as well as where they are placed.
• In most Home Owners Associations, there is a conformed time slot every year for certain types of ornamental lighting to be displayed. No lights that do not fit the color or type pattern of the specified allowances in the contract will be allowed.

Possible Enforcements of HOA Regulations

If you are found in violation of any of the ordinances or mandates set by the HOA you signed a contract with, you could be fined by the association. You can then be fined subsequently for non-payment of the fine or continued disobedience for the set regulation. If these citations are not resolved, the HOA has the authority to apply fees to your property tax liability. Issuance of these fines can even lead to your property being foreclosed, meaning you can forfeit your home over an insignificant matter, or be foreclosed on for less than a few hundred dollars in unpaid HOA regulatory fees.

Getting Help

When you bought a home or condo in a neighborhood that had a homeowners association, you became legally bound to follow the rules and homeowners association laws. If you have a subsequent dispute, it may be a good idea to consult with an experienced attorney to find out what, if any, legal options you have in dealing with the HOA.