Planned communities typically have common rules and deed restrictions for the purpose of maintaining the condition, value, and uniformity of the properties within the community. The community rules are typically detailed in the community’s CC&Rs (Declaration of Covenants, Conditions, and Restrictions). The CC&Rs typically include rules concerning landscaping, architecture, use of common areas and facilities, fences, parking, property upkeep and more.
When purchasing property in the community, each homeowner agrees to abide by these rules. If the property is leased, it is the homeowner’s responsibility to ensure that their tenants adhere to the community rules. HOA’s will enforce their rules with written notices to the homeowner of violations. Most HOA’s have specific notice procedures and will begin fining the homeowner for continued violations. These fines are generally enforceable and if unpaid, can lead to foreclosure on your property.
HOA’s have been known to overextend their authority or apply their enforcement in non-uniform and arbitrary manner. If you have a dispute with you HOA or believe they have exceeded their authority, contact Andrew Bernick for a consultation to determine your legal rights and course of action. Call 512-763-5370 or email Andrew@BernickLegal.com.