Depending on the amenities in your community, maintenance responsibilities for common areas may include: If you did not get a copy of these governing documents, you can request them from the HOA or the county’s real estate records.įor most developments, repairing, replacing, and maintaining the common areas are part of your HOA’s major duties. When you bought your property, you should have received a copy of the governing documents.

The HOA board members must follow the rules and regulations of the homeowners association in the way they manage and operate the entity.The HOA may not act in a capricious or discriminatory manner.The HOA must perform duties fairly and reasonably.The HOA must act in the community’s best interests.Typically, the obligations of an HOA include the following:

Review your governing documents and other rules and regulations. Contact our lawyers today for help with your condominium law dispute.Ĭontact Our Lawyers Now Understand the Homeowners Association (HOA) Obligationsīefore you can determine what the best course of action is, you should understand the obligations of the HOA. Can you sue if you believe you have been unfairly punished because your HOA was not enforcing rules equally? In this case, you may be able to pursue legal action for an homeowners association (HOA) dispute or a condo law dispute with the help of the lawyers at Calabrese Law Associates. Under the law, if your HOA is not consistent in its enforcement of a rule, it may have waived its right to enforce this rule in the future. There needs to be a rational relationship between the rule or decision to the safety of the community and the enjoyment of a common interest. HOA organizations must enforce community rules fairly and consistently. Your property manager may patrol your neighborhood on trash day at 7 p.m., for instance, to note whose garbage cans remain on the curb and issue violations to these homeowners.īoth methods are accepted as long as they are used uniformly and conform to established procedures. Property managers or designated representatives report violations: Under another HOA, the property manager or another designated representative may perform routine inspections and record any violations.For example, if your neighbor calls your HOA to report that you do not bring in your garbage can on time. Neighbors report violations: For some HOAs, rules are only enforced after a violation is reported.Depending on your homeowners association, there are different procedures for enforcing rules, restrictions, and covenants: If you have found yourself on the receiving end of punishment or fines from your HOA, you should understand what your rights are. If you violate the HOA rules, you may be fined or forced to comply. The HOA rules may cover whether you can paint your driveway, what type of landscaping you can include at your property, what approvals you need before you can add on to your condo or home, and whether you can rent your house to someone else. Your HOA has governing documents that include rules, restrictions, and covenants about how you are allowed and not allowed to use your property. Meeting With the HOA Board of DirectorsĮnforcing HOA Community Rules and Regulations.What Happens if an HOA Violates Their Own Rules.Enforcing HOA Community Rules and Regulations.You know your HOA is responsible, but what HOA legal action can you take? Can an HOA be sued? A t Calabrese Law Associates, we can help you with your homeowners’ association law dispute. Maybe you are trying to do construction work but the homeowners association is refusing to approve your construction project. What can you do if your HOA rules are not enforced or are being ignored? Maybe the elevator to your condo has not been fixed for a month or the landscaping is dead or overgrown. Typically, the goal of an HOA is to ensure certain building and use restrictions are enforced and common areas are well maintained. Residential Real Estate Purchase and Sale AgreementsĪ homeowners association (HOA) is an entity comprised of property owners who live in a specific residential neighborhood or condominium.Appeal of Administrative Government Agency Decisions.Construction Equipment Rental Agreements.Residential and Commercial Construction Regulations.Consumer Protection for Construction Projects.Limited Liability Company (LLC) Formation.Business Sale Contracts: What You Need to Know.

Hoa covenant vs state law