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The topics they discuss, such as assessments, meetings, voting, and foreclosures, are explained in more detail on the other pages of this guide. Zoning ordinances and HOA covenants often disallow commercial uses of properties in residential areas. A group home that accepts payments for services provided at the home is almost certainly engaging in commercial activity. But, although the plain language of an ordinance or covenant might appear to prohibit such a group home, federal law forbids state and local governments or HOAs from impeding certain protected uses .
In any case, association boards should be prepared for any possibility. A homeowner association is an organization tasked with governing the affairs of a real estate development owned by multiple parties, such as an apartment building. HOAs are responsible for tasks such as ensuring building maintenance, deciding on whether to pursue larger renovation projects, and drafting/enforcing the building’s bylaws. Homeowner associations are usually formed within communities or neighborhoods of single-family homes or multiple-unit buildings, such as condominiums.
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They hired a lawyer and contacted every wildlife and environmental group they could think of, along with local legislators. After a year and a half, still at an impasse with the homeowner association and fearful that one day they’d come home to find their garden mowed down, they filed a complaint in Howard County Circuit Court. A chief claim was that in 2011 they’d been told there was no issue with their gardens, and also that before 2017, they’d received no violations for their yard despite regular inspections. After their homeowner association ordered them to replace their wildlife-friendly plants with turf grass, a Maryland couple sued.
However, to prevent costly legal expenses for both parties, the board can recommend negotiation and mediation instead. This chapter discusses “restrictive covenants” in general, their construction, and their enforcement. It lists certain restrictions that are prohibited by law and also contains a provision related to an association's duty to file dedicatory instruments with the county.
Nix native plants
So, homeowners, board members, and officers must be familiar with the federal laws that apply to HOA’s. On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. If the HOA has the appropriate insurance coverage, it will make the financial burden lighter. But, if it does not have insurance, the HOA will have to pay for the costs using its funds, which technically come from the homeowners. To make up for these funds, the HOA will then need to levy special assessments or increase regular dues.
In some states, homeowners associations can’t prohibit residents from growing or planting native plants. Examples of states that have these restrictions for HOA rules for plants are California and Texas. In Florida, on the other hand, associations can’t restrict homeowners from using plants that don’t coincide with the overall landscaping design of the community. People have also sued homeowners associations for personal injury, otherwise known as a slip and fall lawsuit.
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Some communities require mandatory membership for individuals that purchase property in the zone. She holds a Bachelor of Science in Finance degree from Bridgewater State University and has worked on print content for business owners, national brands, and major publications. In the end, the Crouches spent $60,000 on lawyers fees, but they say it was worth it. This fall, with the new law backing them up, the Crouches let their dead coneflowers, sunflowers and other perennials stand.
In December 2020, the Crouches and their homeowner association, which had countersued, reached a settlement. Dozens of states have passed legislation to promote the health of pollinators, which include bees, wasps, bats and butterflies, while some have curbed the authority of homeowner association edicts during droughts. But as their garden grew, their next door neighbor, Daniel O’Rourke, was seething.
The Crouches were given 10 days to convert their front yard into a lawn that looked like everyone else’s. But instead of doing what they were told, the couple fought back, and ended up paving the way for a groundbreaking state law. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Below are some print books and e-books that may provide further guidance. If you can't visit the Texas State Law Library in Austin, these books might be available ata law library near youora public library near you.
In some cases, homeowners will need to enter mediation or arbitration to resolve the dispute with the HOA. Of course, if the matter remains unresolved and the homeowner believes the HOA is in the wrong, they can pursue litigation. Keep in mind, though, that homeowners need evidence to support their allegations. Additionally, HOAs have insurance policies that cover such liabilities, and the homeowner might need to pay for damages and legal fees if they lose. The HOA cannot prevent homeowners from displaying the American flag — even if they cite architectural control reasons.
If everyone is respectful of each other, you will be able to have a peaceful and thriving community. With the passing of the FCC’s Over-the-Air Reception Devices Rule, though, HOA boards can no longer restrict homeowners from doing so. Homeowners have a right to place solar panels, antennas, and satellite dishes on their roof . However, boards may be able to place some restrictions such as the placement of these devices. Homeowners have a right to inspect these documents to see how the board is managing the community’s finances and assets. Access to budgets, expenditures, transactions will allow homeowners to see how their money is being used.
Associations can dictate everything from house paint colors to the location of driveway basketball hoops. They’d lived on their quiet cul-de-sac harmoniously with their neighbors for years, and chose native plants to help insects, birds and wildlife thrive. Now the association was telling them that their plantings not only violated the bylaws, but were eyesores that hurt property values.
This lawsuit is based on the theory of negligence in that the HOA was negligent in its maintenance that caused the person to injure themselves. For example, if the HOA failed to repair the damages to a flight of stairs and someone trips over it, the HOA could be held liable for that person’s injury. Suing HOA for negligence is one of the more common lawsuits an association can encounter. Generally, homeowners who want to make architectural changes to their homes have to submit an application to the HOA.
In certain situations, such as in the case of service animals, HOA boards can request homeowners for documentation to verify. According to the Fair Housing Act, homeowners with disabilities have a right to request reasonable accommodations. This can be in the form of a ramp so that homeowners who use wheelchairs can gain access to communal areas. Homeowners can also request for their service animal to accompany them even in pet-restricted areas within the community.
What Is a Homeowner Association (HOA)?
Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea. When an association fails to maintain or repair a common element or area, homeowners will complain and even sue the HOA. Homeowners associations are responsible for common area maintenance and repairs. Failing to fulfill this responsibility can be grounds for legal action.
But keep in mind, though, that these organizations can be restrictive by setting boundaries on what you can and can't do with your property—all for a fee. To prevent drastic actions from both the association and homeowner, the board must tread carefully when it comes to increasing HOA fees or levying special assessments. Depending on your governing documents, HOAs might need to give adequate notice to homeowners via certified mail.
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