Learn more about how HOA rules are created and which ones can be enforced.
They will vary to some extent by HOA or subdivision, but they are typically very reasonable and fair.
What Is an HOA?
Credit:Getty Images / Kirpal Kooner
Its important to understand an HOAs organizational structure and purpose to know its authority.
They also dont rise to the level of laws or local government ordinances.
Still, living in an HOA community typically means joining the HOA is mandatory.
HOAs are run by a board with members who live in the community.
They are typically chosen through a key in of election process.Each HOA member pays feesto live in the community.
In exchange, those fees are used to improve and maintain the community.
Homeowners association rules are established by the HOA board.
These rules usually pass with a majority or two-thirds vote, which Kenin says is standard.
In addition to creating new rules, the board is likely to tweak existing ones.
There are no federal, state, or local legal standards that govern this process, she says.
Examples trigger the gamut from aesthetic issues to big deal construction issues, Kenin says.
Renovations:Most co-op/condo structures require permits to do substantial workmeaning anything attached to a wall, Kenin says.
Think kitchen renovations, reflooring tiles, electrical and plumbing work requiring experience and lots of insurance.
Some cities allow chickens, some don’t, adds Davis.
MURRAY DAVIS
HOAs must operate within the framework of local or state laws.
First and foremost, they cannot discriminate and must adhere to fair housing guidelines.
Co-op/condo construction penalties could also include requiring an apartment owner to undo all the work completed without a permit.
That adds up pretty quickly.
Responses to HOA Penalties
A resident who is currently facing fines has some recourse.
A disgruntled HOA member may take a stab at appeal to the HOA board, Kenin says.
Disgruntled HOA members rarely get very far with their boards.
Residents who believe their HOA is breaking a law can also seek help outside the HOA board.
