HOA Rules

Subtopics: Violations, Enforcement, Use Restrictions

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HOA In No-Win Situation: Should It Have Stood Its Ground?
April 2015
An HOA in Missouri has reversed its decision denying homeowners' request to allow the Make-a-Wish Foundation build a playhouse in their backyard for their daughter, who's battling cancer. Here's the rub: The HOA was probably right in the first place that the proposed playhouse violated the CC&Rs. So was this a time when rules should be waived? keep reading

As Though Parking Doesn't Already Anger HOA Owners Enough…
April 2015
The management company for a Colorado HOA hired a private company, Parking Authority LLC, to enforcing parking restrictions in the community. The result: One couple got a ticket for having expired license tags. This raises many questions: Why is the HOA management company hiring a private company to enforce parking restrictions? Isn't this something the HOA expects the manager to handle? What authority does the company have to ticket for expired tags? Here our experts weigh in. keep reading

How to Protect Yourself and Your HOA from the Neighborhood Sociopath How to Protect Yourself and Your HOA from the Neighborhood Sociopath
On-Demand Webinar
Run into any owners or residents who show contempt for and consistently disregard your HOA's rules? One in 25 people is a sociopath, or a person who regularly exhibits asocial or antisocial behavior. Sociopaths look like your everyday neighbors, but they can be scary and intimidating--and they can turn your HOA into a battleground. Learn how to wisely and safely handle the most difficult owners and residents you'll ever face, led by two community association experts with decades of hands-on experience in advising associations. (Recorded April 9, 2015.) keep reading

7 Types of Stale, Out-of-Date HOA Rules You Should Freshen Up Now
April 3, 2015
In this week's tip, we give you a jump start on improving your rules. It's a good idea to freshen them up every once in a while, and our experts say there are seven types you should review and consider overhauling today. Here are the first two: keep reading

Is It Time to Rethink These 7 Types of HOA Rules?
April 2015
Fighting too much with owners over your HOA's rules? Maybe the rules are out of date and or just don't fit with emerging trends and owners' wishes because your community has changed. Here our experts offer their wisest counsel on seven types of rules they suggest you review and consider overhauling. keep reading

Does an HOA's One-Vote-Per-Unit Rule Apply to Married Board Members?
March 2015
An HOAleader.com reader asks, "My husband and I own a townhouse in a development of 56 units. Our board was down to one [person], and we are now both on the board trying to get it together. We now have five members consisting of two couples and one single board member. The question has come up since we only have one vote for one unit, can we each have one vote as a board member, or do we together only get one vote as we vote on board issues?" keep reading

This HOA Board May Not Be Asking the Right Questions About a Rule Change
March 6, 2015
In this week's tip, we offer an HOAleader.com reader guidance on whether changing governing documents and grandfathering some owners' situations creates different "classes" of owners. Our experts say that may not be the most pressing question for our reader. keep reading

Potential HOA Rule Change on RVs May be Harder Than Reader Realizes
March 2015
An HOAleader.com reader asks, "Our CCRs have allowed RVs to be parked in driveways or side yards since 2002. Prior to that, they were silent on the issue. We're seeing more and larger RVs as well as boats, jet skis, etc., and the woodsy, natural look of the neighborhood is being compromised. "We'd like to ban all new RVs in the neighborhood or allow parking only on side yards. It's our understanding we can grandfather the existing vehicles, but not the existing owners. That is, an existing owner could keep their current RV parked on the driveway, but if they wanted to buy a new RV, they would have to park it on the side yard or off site. "The problem is many lots don't have adequate side yards, so they would have to park their replacement RV offsite. Can we grandfather an owner's right to park any RV until they move or would that introduce a separate class of members? Can someone please explain member classes?" Here we address the challenges raised by the reader's potential changes. keep reading

Can Owners and Their Renters Use Your Amenities?
February 2015
An HOAleader.com reader writes, "Our board has been lax on who can use the amenities. Our CCRs say the owner can assign who uses the amenities. I've been trying to get the rest of the board to firm this up. Is it normal for the amenities to go the renter, and the owner loses their use until he is living back in the condo? It seems unusual that a renter and an owner can use them at the same time." keep reading

Retroactive HOA Changes: Can You Penalize Owners Who've Followed the Rules?
January 30, 2015
In this week's tip, we discuss whether you can implement change at your HOA retroactively. This is a new issue for many of our experts. "I've never seen a condo statute that specifically stated that you couldn't act retroactively," muses Robert Galvin, a partner at Davis, Malm & D'Agostine PC in Boston who specializes in representing condos and co-ops. "But if you did, I don't think you could enforce a bylaw or rule." keep reading

Can You Implement a Change to Your HOA Governing Documents Retroactively?
January 2015
Legislatures can on occasion enact laws and make them retroactive. But can you do that at your HOA? Here we find out. keep reading

Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process Easier Enforcement of Your HOA's Rules: Steps to Create Enforceable Rules, Effective Fines, and a Fair Violation Process
HOAleader.com On-Demand Webinar
Enforcing rules doesn't have to be a pitched, tense, and unpleasant battle between your homeowner association board and your homeowners. With some smart planning, you can make enforcing your HOA's rules fairer, quicker, easier, and less stressful. Join us for an in-depth webinar on December 11 led by two community association experts: a lawyer with more than a decade of hands-on experience in advising associations on how to create and enforce rules, along with a veteran association manager with insights on the day-to-day operations of rules enforcement. You'll get practical ideas, systems, and processes you and your condo or HOA board can begin to take advantage of the minute the webinar ends. keep reading

HOA, Owners Association, and Master Association: What's the Difference?
November 2014
An HOAleader.com reader writes, "Our community consists of 13 buildings, each with its own CC&Rs, bylaws, etc. In 1974, 100 percent of the owners formed an owners' association (note: NOT an HOA; this would be under different rules and regulations, and we aren't incorporated). We believe this is referred to as a master association. keep reading

Is This Board Member Getting the HOA in Big Trouble?
November 2014
An HOAleader.com reader writes, "A woman recently purchased a condo in our community saying it was for her disabled son, who is a quadriplegic in a wheelchair who came to look at the property with her. However, for the past five weeks, only [she] and her 15-16-year-old daughter (not disabled) have been living there. When asked about her son, she was belligerent and said it was none of the HOA's business. Can this be true? Sounds like a real scam of my taxpayer dollars to me!" keep reading

"Do Your Chores or Pay Up!" Can You Say This to Owners in Your HOA?
October 10, 2014
In this week's tip, we discuss a question that an HOAleader.com member posted on our discussion forum on an issue that's all too common, especially at small, self-managed HOAs: When we "assign" work to owners, if they don't do it, can we charge them to have it done? keep reading

When HOA Owners Don't Do "Assigned" Work
October 2014
An HOAleader.com reader writes, "We have an eight-owner unit, and the landscape maintenance is volunteer; however half of the owners do all of the work, and the others do absolutely zero work. My question is this: Can the board assess owners for their equal portion of what the maintenance would cost?" keep reading

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