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HOA limits?
none.
they can sue a ham sandwich.
and, somewhere, they just might have.
when it finally reaches the courts, then...
yes. limits apply.
HOAs have far reaching authority but there is still a finite limit on what they can do.
For instance, an HOA couldn't enforce a restrictive covenant saying that only people of a certain race may live in the community, which would violate federal fair housing/civil rights laws.
The "limits" of an HOA are the CCR's- can they expand or contract? Certainly! But that usually requires a majority vote from the entire community. Anything that is outside the CCR's and/or architectural control would be considered on a case-by-case basis.
As for the acc person- tell him/her to take a hike! Your cost/contract is between you and the contractor.
Over the years I've been on both sides of the fence many times. As a builder in new communities, a contractor in established communities, as a homeowner, and as a board member/acc director. The biggest directive from either side was communication and documentation. If everything was within the CCR's- regardless of side, there were no problems.
One thing that already has me scratching my head is that the head of the architectural review committee said he would need to see our estimate including how much we were going to pay and the financial and legal terms of our contract with the roofers. I didn’t say anything to him, but this did not sit well with me. I will have to look at our covenant, but I have a hard time believing that they can request this. Our financial arrangements and contracts are our own private business.
Not that I am not going to comply. I am. I just feel that this is strange and intrusive. (By the way, we have never had any financial problems with the HOA ... or anyone else for that matter.)
Yep, 'no need to be weird', 'HOAs have to follow contract law'. And that'll work every time. Being facetious, of course. I have known many good hoa boards but also many that one couldn't only say were bad...but downright criminal or crazy or making stuff up out of ego and overspending and the treasurer a stock broker who invested hoa funds through his own company and lost big big time, board members shocked when the actual law is pointed out, board members getting their landscaping done free, board members not paying monthly fees, etc etc .
Last edited by petsandgardens; 04-11-2019 at 09:45 PM..
I had a friend whose house color was fading so she had it painted in the exact same color it had been. The board complained among each other but a board member was a friend of hers and said it was the same as it was originally and he was there when the original was done and he lived right across the street etc etc. Not totally the same because this is a board member saying this and watched it all happen.
Another story. Something you could do. Another couple I know did this. Yes, bring the roof sample. Be happy and excited and want a picture of the contract signing and the new roof to send to your....son at college....or put in your holiday cards...
That way you'll have the sample pictured with the mgr/board members/whoever. The couple who did this did it regarding their siding and brought a piece of it. The husband took the picture. The wife stood behind the person from the hoa singing. She didn't make a big deal of it...well, not too much...and just held up the sign with a big smile.
Let us know how it goes.
That is like a friend who lives in an HOA, when hurricane Irma came through, it pushed over a small tree in the front yard, he dug it out a little and put it back, then he receives a violation for planting a tree without getting permission, they considered it a "major alteration", lol, even though the tree was already there and has been since the house was built.
State and Federal laws limit HOAs authority. I used to be on the board of an HOA in Texas. The state legislature in Texas has rolled back the rights of HOAs to enforce certain things and use certain methods to enforce them. As a result, the CC&Rs for the neighborhood I was in contained clauses that were no longer enforceable.
And people wonder why I do not want to live in a HOA.
"HOA has power and there's no limits"- if you really, really believe that then yes, they have power over you- because you won't live in a HOA community.
But for those that choose to live in a HOA community do so for the greater good of the community as a whole. And those that choose to serve and do the right thing (operate within the rules) will make the HOA a positive influence for the community. For those that use the opportunity to wield their nazi sword can be voted out just as easily as they were voted in.
10 things HOA's attempt to improvise into the community that have been overturned by state/federal.
1: mandating service providers: I. E - electric/gas/ lawn treatment/pest control/ cable
2: mandating cooking lima beans only on Tuesday
3: mandating hours in which the garage door may be opened or closed.
4: mandating the door chime be in a particular music note ...e flat.
5: mandating that every Friday all mailbox's must be removed and re installed facing 80° north .
6: Mandating that singing while walking a pet is a noise violation.
7: banning either gender from wearing purple barney shorts .
8: mandating members to use air traffic control to park their car.
9: mandating any camel found roaming the yards will be questioned and turned over to the three stooges...errrr I mean three wise men.
And ..
10: banning wheelchairs or ramps for the tenant.
An HOA is not the law and even if it's in writing doesn't make it legally enforceable.
HOA tends to mirror socialist govt. Boring..and rarely for the good of the individual investor. If your mindless and can't make a decision for yourself...I can see how the HOA will do it for you.
One thing that already has me scratching my head is that the head of the architectural review committee said he would need to see our estimate including how much we were going to pay and the financial and legal terms of our contract with the roofers. I didn’t say anything to him, but this did not sit well with me. I will have to look at our covenant, but I have a hard time believing that they can request this. Our financial arrangements and contracts are our own private business.
Not that I am not going to comply. I am. I just feel that this is strange and intrusive. (By the way, we have never had any financial problems with the HOA ... or anyone else for that matter.)
Maybe the HOA just wants to be sure you are using a professional roofer and not your brother-in-law to install the roof. They may also be concerned about licensing and insurance to negate any liability on their part. I'm not saying this is the reason, but it's a possibility.
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