Homeowners associations act as both local governments and landlords for the HOA residents who live in the community. This means that homeowners have rights that HOAs should both protect and acknowledge. A major challenge is overcoming any potential conflict between an HOA resident and board members, but this can be achieved through education and conversation. Here’s a closer look at resident legal rights in HOA’s and how an HOA can avoid potential legal issues.
What Are the Legal Rights of Homeowners?
There are many different legal rights that an HOA resident has. It’s important for HOA’s to get familiar with these rights in order to avoid potential HOA lawsuits and legal fees. Read below to get more information on a portion of resident rights.
A Right to Change HOA Rules & Regulations.
Unbeknownst to some HOA’s, it is within homeowners’ legal right to change the rules and regulations. Homeowners can choose to take action if they feel that certain rules are unfair or outdated. While the HOA cannot stop this action, HOA’s can make sure to check the governing documents for the procedure of proposing new rules. For example, there may be the need for a majority vote in order to change rules or implement new ones.
Homeowners Can Sue Board Members.
A homeowner can choose to sue a board member or the entire board due to certain disputes or perceived wrongdoings. These can include exceeding the limits of their authority in order to discriminate or hold power of an HOA resident.
Homeowners with Disabilities.
According to the Fair Housing Act, homeowners with disabilities have a right to request reasonable accommodations. This can be in the form of a ramp so that homeowners who are only able to use wheelchairs can gain access to communal areas like pool areas, sport courts, and clubhouses. Homeowners can also request for their service animal to accompany them, even in areas where pets are restricted.
Questioning HOA Fees is Legal.
As members of an HOA community, homeowners are required to pay assessment fees every month. But that doesn’t necessarily mean that homeowners will just pay any amount that an HOA board charges them. Homeowners have every right to ask for an explanation and breakdown of these fees and question a sudden increase in monthly HOA fees. Homeowners can take formal action, but they are still advised to keep their payments current.
Legal Rights for Property: Anyone who purchases property has access to a number of property rights including:
Possession: A person who holds the title of the property is the legal owner.
Exclusion: Outside of a warrant or court order, a property owner can limit who enters their home.
Disposition: A homeowner can transfer ownership of their property to another person.
Enjoyment: A homeowner has the legal right to participate in any activity they deem as pleasurable as long as it is legal.
About Kevin Davis Insurance Services
For over 35 years, Kevin Davis Insurance Services has built an impressive reputation as a strong wholesale broker offering insurance products for the community association industry. Our president Kevin Davis and his team take pride in offering committed services to the community association market and providing them with unparalleled access to high-quality coverage, competitive premiums, superior markets, and detailed customer service. To learn more about the coverage we offer, contact us toll-free at (855)-790-7393 to speak with one of our representatives.