With the right attitude and enough evidence of go-green benefits, you might just convert the entire neighborhood. If you’re a homeowner in one of those states, persuading your HOA to embrace eco-friendly policies isn’t impossible. But if you’re in Texas or California, you can push back if the board’s not savvy with agave.įlorida, too, has its own homeowner-friendly rules: HOAs can’t restrict plants simply because they’re not in the community’s overall design plan. Not all states protect your right to grow an environmentally friendly garden abundant with native plants. After all, you have the federal government on your side! 6. If you spot these curious addenda in your CC&Rs, take your concerns straight to board members. These may be retro artifacts from pre-1997, when the FCC rule came into play. You might find that some HOAs still have antenna restrictions written into their covenants. No matter how ugly your HOA thinks your space-gray satellite dish is, the board members can’t force you to take it down.
LITTLE AND YOUNG HOA TV
Your cable TV decisions are protected, thanks to the FCC’s Over-the-Air Reception Devices Rule. If you do suspect something shady is afoot concerning what is included (and what isn’t included) in your HOA rules, start requesting documents and attending public meetings.
The regulations for how new rules can be enacted should be outlined in your CC&Rs-and if the HOA isn’t following its own stipulations, you have a valid complaint for any secret swashbuckling. Next time Shirley Homeowner comes over complaining, practice these magic words: “Is that mentioned in the CC&Rs?”Īnd slipping HOA rules in under the cover of darkness is a big no-no. Your community’s HOA treasurer can’t suddenly decide she hates pink mailboxes. If your argument is sound, it could pull back the charges. (Your HOA may have specific instructions for this process-make sure you follow them!) Then, gather all the evidence you have and present it at the next board meeting. If so, first scrutinize those CC&Rs to make sure you have standing. Of course, that doesn’t mean your HOA board will roll over, either you might need to appeal the fine. Watch: 3 Ways to Back Out of Buying a Home–Without Being a Jerk (There’s one caveat: If your backyard is shared with another homeowner, the HOA might have the right to restrict your strung-up lines.)
LITTLE AND YOUNG HOA FREE
Feel free to let your denim wave in the wind. Too bad, buckaroos: Since almost half of states protect your right to dry, any anti-clothesline additions to the covenants, conditions, and restrictions (CC&Rs) are downright unenforceable. This time-honored tradition saves money and protects your clothes, but to your eagle-eyed HOA board, all those fabrics blowing in the breeze may not look “uniform.” Nineteen states have laws on the books to prohibit a funny HOA restriction: your right to “ solar drying.” (That’s a fancy term for using a clothesline.)
For example, California law protects sexual orientation and gender identity. States often have additional protections safeguarding the homeowner.
It also can’t kick you out because members of the board hate your religion, or don’t like Germans, because you have children, or because you wear a Make America Great Again hat on a regular basis.
That means that your homeowners association can’t fine you or keep you from purchasing a home in the neighborhood because of your ethnicity or race. Smith, a lawyer in Hilton Head Island, SC. “An association must be careful enacting and enforcing rules that would single out or disadvantage any group identified in the Fair Housing Act,” says Craig T. Your homeowners association board might like to play at being tyrants, but here’s a line it can’t cross: the Fair Housing Act. State and federal law restrict the homeowners association’s abilities to restrict you.īelow, find eight unenforceable HOA rules: (Come on!)Įven when you feel as though your HOA rules have turned into an implacable steel trap determined to ruin your life at every turn, find comfort in this: Homeowners associations are bound by the rule of law, no matter what the president of the board says. Like “ You must carry your cocker spaniel through the lobby” ridiculous. Like “You must keep your garage door open during the day” ridiculous.
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