I live in a community with HOA. What is the legal consequence for me to not follow an HOA rule? Is it law?

Question

When we moved in, there was an HOA in existence. But the rules are getting increasingly strict and annoying. For example, limiting the number of cars that you can have parked on your drive way to only 2 when 4 cars would fit with no affect twhatsoever to drive by traffic.

My question: If I decide just to ignore the rule, what is at risk? Am I just alienating my neighbors or can they call the cops and give me a ticket for having too many cars parked? Is the HOA rulebook basically the same as city ordinance or law?

Answer 1

The HOA rulebook is not law - it is the restrictive covenants imposed by the HOA. The police cannot enforce any violation of the covenants.
What they usually do is fine you, and add the fine to your HOA dues.
If you feel the covenants are too restrictive, you can get a lawyer that specializes in Real Estate Law, and sue the HOA for their draconian policies. You might even win and get the law changed, at the very least you will cost the HOA money and they will back off and leave you alone.
In the meantime, go to your HOA meetings. When they vote for silly stuff like this, object to it as long and as loudly as possible. The HOA is supposed to work for you, the Homeowner.

Answer 2

The HOA has the ability to fine you for not following the rules. If they are getting crazy with the rules, you need to attend meetings and let them know how you feel!
They can legally tell you to follow the rules as you signed on to the HOA rules when you moved into the community. Get a copy of the covenant and see what's what. Then figure out what you can do.
Our HOA can fine you $50.00 for not edging your lawn properly, you get one warning letter per year. We got one, once, before we had an edger or weed-eater.
We also attended a meeting where a crazy woman was trying to get a rule passed that people couldn't plant more than 12 plants in their front yard. Yep. There are crazy people in a HOA... and they are usually the ones with all kinds of time on their hands.

Answer 3

If you signed an agreement, then you might have to abide by it. I am not sure what HOA is, but some gated communities have in the rules that you can be fined for doing something that doesn't agree with your agreement. I'd double check at your local court house if you can't find it in your agreement. And if you didn't sign anything, I don't think they can ticket you or call the cops (unless, of course what you are doing is illegal). Good luck

Answer 4

The HOA's have typically prevailed in court cases against homeowners. Only if an HOA rule violates a person's civil rights is it generally decided in a homeowner's favor.