Can a Board of Directors of a HO Association pass a new resolution and then penalize non-compliance retroactively?
Example: A Board passes a new resolution setting a limit on how high bushes in front of a house can be (4 feet) and then seeks to retroactively apply the new resolution to force homeowners to remove bushes that exceed that height, even those that had been in existence for 17+ years and which were approved by the Board at the time they were planted?
An HOA board can enact a new rule and have homeowners start following it. To use your example, the board can set a height limit for bushes and then have homeowners trim their bushes to meet that requirement, even if the same homeowners have maintained bushes higher than the new limit. This is because the rule didn’t exist before, but it does now. It is not uncommon for an HOA to enact a new restriction that was previously permitted in the community. That said, the board must give homeowners sufficient time to comply with the new rule after it is passed before handing out violation letters.
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