Question:
The original covenants were created 1990 to 1994. Less than 100 homes were in the development. Now there are over 500 of various types. In 2024 the HOA board hired a new management company. Now the two of them are enforcing rules to an extreme extent (no woodpiles; no propane tanks or gasoline storage containers on the property). Requiring resolution of violations within 10 days, and issuing fines for non-compliance. There is NO MEDIATION process. Now, they are forcing everyone to install a trash can of THEIR DESIGN in a location they specify, even though it can interfere with existing landscape. What recourse do homeowners have? Many are afraid of retaliation if they speak up.
– David
Answer:
Hi David,
Generally, homeowners associations are allowed to enforce the rules and levy fines for non-compliance. However, there may be limitations on the association’s authority depending on the provisions of the governing documents, such as how much fines can be and how long the homeowners have to remedy the violation. Kindly review them for verification.
As for mediation, kindly check the governing documents to verify whether or not the association is required to use mediation to resolve internal disputes. The board typically has a fiduciary duty to the homeowners and must put the community’s best interests first. If the community needs a mediation process, you may request it by asking the HOA board.
As for the trash cans, homeowners associations are also generally allowed to impose certain reasonable architectural standards to maintain the community’s aesthetics as long as they are in line with the CC&Rs and state law. If there are concerns regarding the architectural standards, you may raise them with the HOA board by contacting them directly or raising them at a board meeting. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
