Question:
Our Covenants were created 30 years ago. Rules and regulations were not uniformly enforced until this past year when our HOA hired a management company.
Unfortunately, the combination of unreasonable and unworkable rules with aggressive monitoring and issuing of fines has upset many homeowners. The threshold to replace the board is 66%, which may be impossible to reach.
What can dis-satisfied homeowners do in such a case?
Legislators need to pass a law like they did for TV antennas to prevent ROGUE HOAs from becoming dictator-like and not acting in the best interest of the entire community.
HOA MANAGEMENT SHOULD OFFER A TEAM WHICH CAN AUDIT OUR COVENANTS AND RATE OUR MANAGEMENT COMPANY AGAINST STANDARD OR REASONABLE ONES.
LEGISLATORS NEED TO REDUCE THE LEVEL OF HOMEOWNERS THAT QUALIFY FOR A NEW ELECTION WHEN THE CURRENT HOA HAS GONE ROGUE. 25% SEEMS REASONABLE TO ME.
– David
Answer:
Hi David,
The HOA may have the authority to monitor compliance and enforce the rules through fines as permitted by the governing documents. Kindly review the governing documents to verify whether there are provisions regarding violation enforcement and fines. If the homeowners are dissatisfied, they may gather support from other homeowners to remove the problem board member(s). They may also propose to amend the governing documents if certain rules are unreasonable, outdated, no longer relevant, or inapplicable. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
