HOA Gone Bad: Can Homeowner Associations Do That?!
In An HOA, Is Your Home Really Your Castle?
A home should be your respite from the world, your castle, your domain, of which you are "The Master". But, if your home is in an HOA community, is that just a pipe dream?
Homeowners associations are notorious for having an amazing amount of power to wield. Power afforded to them by a seemingly iron-clad contract with homeowners. Most HOA contracts require a homeowner to agree to abide by the association's rules as set forth by the association board. What's more, is regardless of the rules the homeowner agreed to abide by when they purchased their home, the rules can change, sometimes drastically and sometimes to the homeowner's detriment. Which, should put a shiver down the spine of any homeowner residing within an association. Begging the question, "Can they do that?" In short, the answer is Yes. We'll explore some possible ways an HOA can assert their authority and be well within their right to do so.
Keep in mind, all HOA's and HOA contracts are different. Some have more power than others. Which is why it's important to read those contracts before you sign them and know exactly how much power you are agreeing to give them over your home.
Can An HOA File A Lien Against A Property?
Yes. Certainly, homeowners associations can, do and will file liens against properties.
A lien is a claim, filed to keep possession of another person's property until a debt owed is paid. If a property owner owes a debt to the homeowners association it is likely a lien will be filed and is among the first steps in a foreclosure proceeding.
How fast a lien is filed, when a debt is owed to an HOA, is at the discretion of the HOA board. Generally, associations in tighter financial positions will act faster than HOAs with an abundant reserve.
Can An HOA Foreclose On A Home?
Yes. Yes, a homeowners association can foreclose.
Most, if not all, HOAs have this ability. In fact, it's one of their most powerful tools to maintain compliance among residents in their community. Whether or not you own your home free and clear, or if you have a mortgage, an HOA can foreclose on a home for a number of reasons. Predominantly the reasons are financial, for example:
- Dues: If a homeowner has failed to pay their dues to the HOA, the association can and may foreclose. How long they allow a homeowner to be behind on dues before they begin foreclosure is ultimately up to the HOA board's discretion. Some HOAs allow much more leniency than others.
- Fines & Fees: Typically, fines and fees are imposed by an HOA when a homeowner fails to comply in some way. If the homeowner does not pay those fines or fees, the HOA can and may foreclose. Again, how long they allow a homeowner to go without paying before foreclosure is at the discretion of the HOA board.
Can An HOA Sue A Homeowner?
Yes, absolutely. Homeowners associations can and do file lawsuits against homeowners all the time.
Again, when a person purchases a home in an HOA community they are agreeing to abide by a set of rules and in most cases, pay dues. It's a contract and like any contract, if one side or the other fails to uphold their end of the agreement they run the distinct risk of legal action. Being in a contract with a Homeowners association is no different in that respect.
On the other hand, being in a contract with an HOA is different in the respect that the rules in the agreement are subject to change. While most contracts don't change without the agreement of both parties, HOAs are different. The rules a homeowner agreed to when they purchased their home can change at any time. Unfortunately, even if a homeowner doesn't agree with newly changed rules, they must abide or the association is within their right to seek legal action.
Can An HOA Change The Rules?
Yes, HOAs can and do change the rules.
This is among one of the most common complaints made by homeowners living in an association. Perhaps, one of the most volatile issues, that causes substantial discord in HOA communities.
Homeowner associations are charged with protecting and promoting the property values in their communities. As times change, as board members change and as the community changes, so do the rules. The rules are intended to meet at the confluence of community need and property value preservation. Both of which, depending on the person, could be interpreted to entail vastly different things, leaving room for conflict when community members and board members disagree.
Ideally, an HOA board acts in the interest of the community, putting community desire among its most important priorities. However, depending on the HOA board members, that may not always be the case. Many HOAs completely disregard the community's wishes and implement their own. As we learned from the article "HOA Gone Bad: 5 Homeowner Association Horror Stories", when the HOA board of the Brandermill community, in Chesterfield, VA decided to enforce a mandate that required all 3800 residents to purchase new, $155 board approved, mailboxes, regardless of community disapproval.
Can An HOA Force A Homeowner To Comply With Rules They Don't Agree With?
Yes. Resoundingly yes, an HOA can force a homeowner to comply with rules they don't agree with.
This is one of the most consistent sources of conflict between homeowners and their governing HOA. Many such conflicts have resulted in full-blown stand-offs and battles between homeowners and HOA board members. Unfortunately, many times these battles result in the HOA's favor. Mainly, due to the fact that the homeowner agreed to a contract that said they'd abide by the association rules, regardless of the rules changing or their agreement of the rules in general.
Typically, contracts between a homeowner and homeowner association are iron-clad and difficult to fight when situations like this are broached. Inasmuch, careful consideration should be given before entering into a contract with a homeowners association.
Can An HOA Representative Come Onto A Property Unannounced?
Yes. Sort of.
There are no laws saying that someone can't come to a front door and knock unless they have been previously told that doing so would be considered trespassing. This extends to HOAs as well. Generally, an HOA should request to meet with a homeowner before showing up at someone's door and knocking. However, it's not out of the realm of possibility. It's also a possibility that if, while at your door, the HOA representative should happen to observe a violation you could be ordered to address the violation and comply or face possible repercussions.
More so in suburban neighborhoods, where the homes are closer together and on smaller lots, it's not uncommon for an HOA representative to come to a door and knock or leave a notice. Conversely, in rural communities, where the homes are on larger plots of land and driveway gates are common, it is less likely for an HOA representative to come onto a property unannounced. In some cases, it might even be considered trespassing. For instance, if the property has a closed gate and, or no trespassing signs, it is illegal for anyone to cross beyond the gate without express permission or it is considered trespassing.
Can an HOA Inspect A Property?
Yes. Yes, an HOA can inspect properties.
When a homeowner agrees to purchase a home in an association, they are agreeing to abide by the community rules as put forth by the CC&Rs or DC&Rs. It is the job of the HOA to enforce those rules and maintain compliance among its residents.
It is not uncommon among HOAs, especially those in smaller communities, to regularly make rounds inspecting the community for compliance. Although, inspections may happen for a number of reasons. For example:
- Complaints: If a fellow community member happens to file a complaint about a rule they believe another homeowner is violating, an inspection could be conducted.
- Building: If a homeowner should begin building on their property, regardless of compliance, an inspection by the HOA may likely occur.
- Timeline compliance: Should an HOA board change a rule and set forth a timeline in which the residents of the community must comply, an inspection is likely to occur at the deadline.
- Compliance check: If an HOA board member believes there is a property out of compliance, whether or not a complaint was received, can request to inspect a property to verify and all rules are being followed.
How Far Can An HOA Go To Enforce Its Authority?
We explore that very question in the first article of this series, HOA Gone Bad: 5 Homeowner Association Horror Stories. The article delves into 5 homeowner accounts of HOA experiences gone bad. From foreclosure to financial ruin, these homeowner horror stories show how devastatingly far an HOA's authority can reach and how far an HOA can go to impose the rule.
HOA Questions or Stories?
Do you have an HOA "Can they do that?" question or an HOA story? If so, please ask your questions or tell your story in the comments below.
© 2018 Dawn M