Homeowners associations, for the most part, are legal entities. As a result, both board members and residents have legal rights, which should be spelled out in your community’s governing papers. Get in touch with professionals if you need more information.
Homeowners have several hoa legal rights.
Anyone who buys land receives a slew of privileges. Property owners have the following legal rights:
- The Right of Possession: The legal owner is the person who has the title to the property.
- The Right of Control: A homeowner has the legal right to utilize their property as they see fit. On the other hand, homeowners in an HOA must still follow community rules and regulations.
- The Right of Exclusion: A property owner can regulate who enters their residence without a warrant or a court order. There are also easements in place for utility employees who require access to the land.
- The Right to Enjoyment: A homeowner has the right to engage in any activity that they find enjoyable, as long as it is legal.
- The Right of Disposition: A homeowner can give another person ownership of their property. However, if the property has a lien, the new owner must pay it off.
Homeowners have the authority to alter hoa rules and regulations.
Homeowners have the legal right to amend the rules and regulations of the association. If homeowners believe that particular restrictions are unjust, outmoded, or discriminatory, they can take action. The HOA board has no power to stop them.
Check the governing papers for introducing new regulations or amending existing ones. For example, a majority vote may be necessary to amend or adopt new regulations. Board members should also check that the new regulations are still by state and municipal legislation.
Homeowners can contest HOA fees and special levies.
Homeowners are expected to pay assessment fees monthly as community members. But that does not mean they will pay whatever the HOA charges them. Homeowners have the right to ask why their monthly HOA costs have suddenly increased or why the HOA has imposed a special charge. This may be used for financial supervision and to ensure homeowners know where their money goes.
Homeowners can take official action but should continue paying their assessments. To collect past-due assessments, the HOA board might place a lien on a delinquent homeowner’s land or even file for foreclosure.
To avoid severe measures from the association and the homeowners, the board must exercise caution while raising HOA fees or levying special charges. Depending on your governing documents, HOAs may be required to provide proper notice to homeowners by certified letter. There may also be a restriction on how much HOA fees can be raised yearly.
