Question:
User:
My HOA is more of a co-op corporation, but HOA could be the basic interpretation. By-laws state that homes can be sold on MLS but that the address must not be listed. The board harassed me and then made a policy that the $ could not be listed. The MLS requires $ listed. This is how they interfered with my selling my home. Is making a policy like this legal because it makes the by-laws regarding sale moot.
HOAM AI:
I’m not a lawyer, but I can try to provide some general information that might be helpful to you. In most cases, HOAs or co-op corporations have the authority to create policies and rules that govern the community, as long as those policies are in line with applicable laws and regulations. However, it’s important for the board to ensure that any policies they create do not contradict the governing documents, such as the by-laws.
If your by-laws state that homes can be sold on the Multiple Listing Service (MLS) but without disclosing the address, and the board created a policy that prohibits listing the sale price, it may appear that the policy conflicts with the by-laws. In such cases, it might be necessary to consult your governing documents, seek legal advice, or engage with the HOA or co-op corporation to clarify the situation and resolve any conflicts.
Answer:
Hi,
Kindly speak with the board and clarify why they created such a rule. There could be a reasonable justification for it, and it might be in line with the governing documents. You may not be able to put the home for sale on specific MLS websites that require the price, but there may be other MLS websites with no such requirement or other services you can avail of to sell the property.
However, it may be best to consult a lawyer for further guidance. There seem to be no laws that specifically address the HOA’s prohibition of including the price in listings. The rule may or may not be valid depending on the specific wording of the bylaws.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
