As many of us know, a Home Owners Association (HOA), within a neighborhood or subdivision, is made up of property owners within that subdivision, and is established to govern relations between the owners, and administer the rules, bylaws, and covenants of the complex. These guidelines or governing rules are normally covenants, conditions and restrictions (CC&Rs - not to be mistaken for the more popular CCR!) that restrict ownership rights.
For those looking to purchase a home, the HOA covenants can be both a relief and a concern. One of the considerations we face when purchasing a home in a particular neighborhood is, what do the HOA covanents cover? Are there restrictions on the number of people who can live in a home? How about the size of color of the fence? Pool hours? Will it help to keep the subdivision looking good? As a matter of fact, HOA covenants are as restrictive as the home oweners decide they will be. But, more than anything else, HOAs are designed to provide a neighborhood that its occupants enjoy living in, by maintaining standards that are theirs.
But, two recent cases have put the focus on the enforcement powers HOAs exercise. The first case involved a California owner whose subdivision sent him a notice informing him that he was vioalating a subdivision rule prohibiting pickup trucks in the driveway. And his pickup was new! A Ford F-150.
According to the HOA, luxury pickups like the Cadillac Escalade, Honda Ridgeline and Lincoln Mark LT are allowed, but not the the tried and true F-150. Their belief is that these "luxury" pickups market to "a different class of people." The F-150 has to be parked out of sight and in the garage.
Last week, in another HOA exercise of power, a local Stafford home owner was ordered by the St. George's Estates neighborhood HOA to remove political election signs from their yard or face a fine. The home owners, Pat & Heather Stefl, responded by citing their consitutional right to free speech. "I did not sign away my constitutional rights by buying into this home, and I do see this as a First Amendment right", said Heather. But, the Stefls may be out of luck. While state law prohibits localities from banning the disply of political signs on private property, the law DOES NOT apply to HOAs. The Stefls have until August 29th to comply.
Guidelines and controls on what we can and can't do with our property, aren't restrictions to be taken lightly. But, before we sign that contract for the purchase of your new home, or, more specifically, before we actually agree to the HOA covenants we're handed to review as part of the home buying process, make sure you read and understand what you're agreeing to. As they say, ignorance is not excuse!
To Continue Reading this Article, Click Here: Can the Home Owners Association Really Do That?
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