Generally, the law supersedes any homeowner’s association (HOA) rule. Whether federal, state, or local, the laws that provide individuals and entities with certain rights or responsibilities should reflect within your community. In other words, what is provided or prohibited by law generally can’t be overruled by a community rule.
The rules HOAs establish for their community members are referred to as the covenants, conditions, and restrictions – or, CC&Rs. When homeowners purchase property within an HOA community, they must agree to abide by these rules. Additionally, HOAs are private organizations and have the authority to establish and enforce their CC&Rs with fines and legal action.
What Is the Purpose of CC&Rs?
CC&Rs help communities maintain cohesion and protect property value. Although sometimes critiqued for being overbearing or extreme, the general spirit of these rules is to ensure the community’s peace and character so that property values aren’t adversely affected by a neighbor’s unusual behavior or (when it comes to aesthetic decisions) sense of taste.
What Happens When an HOA Rule Conflicts with the Law?
If an HOA member believes that an HOA rule conflicts with local law, their concerns should be brought to the HOA board or other governing council. It’s possible for a poorly phrased rule to look like it means something that would conflict with a law when that wasn’t the intent or spirit of the rule.
That said, there are times when HOA members become aware of illegal HOA rules because they receive a fine or are threatened with a fine for violating a rule. The most blatant of these rules would be those that, intentionally or not, discriminate against a protected class.
For example, HOAs are within their right to put limitations on the size and breeds of pets allowed in the community, but that right ends when the animal in question is a service animal or emotional support animal.
We Can Offer Legal Assistance
If you believe you’re facing the consequences of an HOA rule that conflicts with laws that protect your rights, you can assert your rights and challenge the HOA with legal action. No one should have to endure illegal treatment because an HOA policy was poorly written or created in bad faith. By reaching out to Bundren Law Firm P.C. for help today, you can get the legal assistance you need to resolve your dispute.
For more information, send us a message online and request a consultation.