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The Homeowner Association: Ruling Your Rights?
You may not know that there are private governments across the United States. Or that one out of every five homeowners in America is bound by strict regulations enforced so stringently that they’re in constant threat of losing their rights to privacy, their freedom of expression, and even the home they live in. Even worse, many don’t realize this until it’s too late—and you could be in that group. Congress, the local police, and even state governments are helpless to assist. Who are these private governments? Homeowners associations. The covenants, conditions, and restrictions (CC&Rs) that are put forth by the association actually do constitute a form of government that is well-intentioned at best, and a dictatorship at worst. Fifty-five million Americans, over five times the population of New York City, live in housing developments overseen by homeowners associations. Although many people live alongside the associations without issue, many others are caught in expensive legal battles, or worse, have lost their home. When you move into a community with a homeowners association, you have no other option but to abide by their rules, and typically sign a contract agreeing to do just that. Often, these rules are set up by developers, who never reside in the community, and are then gone after a few years. The rules can control everything from what color your home’s exterior is to how many cars you’re allowed to have and where you may park them, as well as the appearance of your lawn, whether you can hang wind chimes, or even put up holiday decorations. One homeowners association disliked an owner’s Christmas light display so much that they forced him to remove it after slapping him with a fine, citing that the nails he used to attach the lights to his eaves created “a fire hazard”. Although homeowners associations do provide benefits, such as a guarantee that the neighborhood will be free of unsightly problems such as decaying houses with overgrown yards, or someone’s forgotten car restoration project in the front lawn, many feel that they are frequently overstepping their bounds. If you fall as little as one day behind on your homeowners association dues, you are likely to be hit with a late fee. 90 days behind, and you will likely discover you’ve been hit with a property lien, and are in danger of home foreclosure—even if you’re up to date on your mortgage. Try to fight it, and the association will be more than happy to take you to court. Experts recently estimated that as many as 75% of California homeowners associations are currently entrenched in some type of legal battle. And those legal battles have repercussions for everyone. The association has the right to raise dues to pay off its legal fees, which can be astronomical in some lengthy cases. In fact, many of the rules created by the association can be changed or altered at any time regardless of the opinions of the community. In one famous case, the Reston Homeowners Association in Virginia only billed residents who used the swimming pools and tennis courts for their upkeep. But in 1990, it decided all of the homeowners in the community should be responsible for the costs and sent out a poll to its members, with a result of 70% of votes opposing the idea. However, ignoring the wishes of its residents, the board passed the rule anyway—causing fees to shoot up by 26%. So what can you do as a homeowner? If you’re still looking for a home, be wary of buying one within a community managed by a homeowners association, and make sure you read all the rules thoroughly to understand what rights you retain, and what rights you’ll be giving up. If you already live within a development with an association, request the newest revision of community rules. Attend a board meeting now and then, so you can be aware of what issues are being passed. And if you’re caught in a legal battle with the board, pay any fees now, and then battle to win them back to avoid being foreclosed upon. With 20% of Americans living under the government of a homeowner’s association, it pays now more than ever to research what your rights are. -By Katarina Combs |
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