Homeowners Association Rules: Legally Enforceable?

If you live in a neighborhood that has agreed to enter into a Home Owners Association, you may be agreeing to more than you bargained for. Though you do have the added security of things such as more stable property values and being surrounded by people with common interests, in most cases, you may be less than happy to find out you’ve granted your neighbors certain controls over your property. This list of homeowners association rules and regulations can also grow over time, as the members of the HOA can add or alter any addendums they vote on, whether you are present to vote or not. This may become a problem some day, because some of the rules that a Home Owners Association tends to implement can push the envelope as far as your privacy goes.

What Can an HOA Control?

A Home Owners Association is able to control any facet of your property outside your home they wish, including the exterior appearance.

• They can mandate a certain color range for exterior paints,
  
• They can limit whether or not a home may have shutters on the windows and what colors they may be,
  
• They can even restrict what items are allowed to be displayed in the home’s windows. For instance, you may be fined by the HOA if you refuse to take a soap or shampoo bottle off of your bathroom window sill.
• HOA’s can also control structural buildings like tool sheds and whether or not a property is allowed to have one, whether or not a property may have a pool, and if so, what size and depth and where it may be located.
• Everything from the height of your garage roof to what time of day you may have your garage door open can be determined by a Home Owner’s Association.

What can the Penalties consist of for Non-Compliance?

Depending on the infraction and the tendencies of the specific association you’re dealing with, the Home Owners Association has a few options at their disposal.

• In most cases, it isn’t as if the association can call the police to your door to make you change something about your property.
  
• However, they can issue you a written warning with a time allowance to resolve the issue.
  
• If you fail to comply they can issue you a fine. This fine will be issued by the association itself, not law enforcement.
  
• Should you fail to pay the fine in a timely manner they can apply the fine amount to your annual or monthly association fee.
  
• If you discontinue payment of your obligations to the association they are legally entitled to apply these charges to your property taxes, or report them to your mortgage company.
  
• In any case, your home can wind up being pushed into foreclosure over what would typically be an insignificant matter.

Getting Help

If you are having a dispute or problem with your homeowners association about the homeowners association rules and regulations, you should consider speaking with an experienced attorney. Your lawyer may be able to help you find the best resolution with the Association so you can avoid a protracted legal mess in which no one wins.