Legal Rights in an HOA Community
Category : Homeowner's Association
Moving into a community with an acting homeowner’s association (HOA) is something to consider any time you are faced with relocating. For the most part, monthly dues provide positive oversight of the neighborhood. However, sometimes HOAs can stray from neutrality and attempt to assert policies that aren’t in the bylaws. This is why it is important to understand homeowners rights in HOA communities.
1. Enforcing Rules Unequally
If an HOA is going to enforce any regulations, they must be documented and provided in the covenants beforehand. And even if they are, the association can’t fine one homeowner for an infraction and then allow their neighbor to slide for breaking the same rule.
As explained by kdisonline.com, the Fair Housing Act prevents HOAs from fining, banning, or preventing the residency of a person based on race, religion or any other protected status. Though it seems like common sense, there are cases where the issue was pressed and an HOA found themselves in the courtroom.
3. Bucking Federal Laws
No board member or association is going to win a battle with a federal law or entity. One example of this relates to the installation of a satellite dish. An FCC act passed in 1996 essentially prohibits an HOA from demanding you take down your dish or otherwise prevent it from being installed.