are hoa's legal
The HOA or Homeowner Association. An HOA or Homeowner Association is a legal entity created to manage and maintain the common areas of a community. Typically these common areas consist of things like pools, clubhouses, landscaping, parks, streets and roads. In the 1960s, about 500 HOAs existed in the United States, and they've been increasing in popularity ever since [source: Senville]. Today, the Community Associations Institute estimates about 62 million U.S. residents lived in 309,600 HOA communities in 2010 [source: CAI]. That's a major increase in 50 years. Rules, restrictions, and benefits that come with buying a property in a community that has its own governing body. Homeowners' associations (HOA) are common in many new, single-family housing developments, as well as in condominium and townhouse complexes. An HOA is the governing body of the development or complex, usually comprising homeowners who have volunteered to serve on the HOA board. Homeowners associations establish rules for what you can do with your property. (Photo courtesy of Laura H., Charlottesville, Virginia) Angie’s List member Penny Katz likes to refer to her grown dachshund, Beemer, as a puppy. Explaining HOA covenants, conditions and restrictions. Proponents of condo and homeowners associations say the groups use rules and regulations to protect home values and curb appeal, while opponents say the HOAs are poorly regulated, which can lead to abuse of power or negligence. Common Attributes of an HOA. HOAs are normally non-profit corporations with a set of bylaws and the authority to enforce those bylaws, including things like architectural and design standards. Membership is normally mandatory for all property owners. Legal Memorandum Quotes. HOAs & Constitutional Law. Note: This document contains quotes from numerous case opinions. These are not to be. construed or intended to be the final word on any issue. We are not providing legal. opinion or advice. We are not attorneys or employed by attorneys. Table of Contents. Penalties May Be Imposed for Breaking HOA Rules. When a homeowner breaks a rule—for example, paints a house the wrong color, or brings in a dog that exceeds the weight restrictions—the HOA may take action. Legally speaking, many HOAs are corporations; that is, legal entities that can enforce contracts with their homeowners. So if you live in a neighborhood with an HOA, its rules affect and limit what you can do to a property you own [source: Snell]. The rules and covenants are enforced by the HOA's homeowner-elected or developer-appointed board of directors. “The point of the rules is to protect the community, and to maintain or improve property values,” says Hyland. “When you join a homeowners association, you are signing a contract,” says McKenzie, who teaches a course on condo law at John Marshall Law School, Chicago.
Yes, An HOA is a legal entity created to manage and maintain the common areas of a community.