Can my homeowners association dictate what I can add to my property?

Question

I moved here (rural Arkansas) five years ago. I have never signed (nor have I even seen) any covenant, by-laws, or other agreements. Now the HOA for my street is objecting to the garage that I am adding to my home, citing that it is too close to the road and violates the HOA Rules. How can there be rules to my property that I am not aware of?

Answer 1

You got the HOA when you bought the house. You should be submitting any plans to them before you start, this includes painting.

In most states they are VERY powerful and can legally take possession of your property to enforce the rules. And don't think for a minute that they would not jump on the chance, they turn around and sell it to their Aunt Betty.

I hate HOA, they are usually very corrupt, but they exist prior to you buying, so you are stuck with them.

Answer 2

Well, if there WAS no HOA when you bought the property, and you didn't agree to join, it shouldn't be binding.

You'll have to check with your closing attorney when you bought the place, or go through all your closing papers, to see if there was something you don't remember agreeing to, when you bought the property.

Note, being grandfathered under the HOA rules is NOT the same as not being subject to your local ZONING rules. Most of the time, city/county ZONING rules CAN be changed without your approval or permission (just a vote of the zoning board), but you *might* be able to go to a board meeting and get an exception.

so my big question to you is, are these HOA regulations, or ZONING regulations you're talking about??

Answer 3

You don't sign them. By accepting a deed in a subdivision, you are subject to the terms and conditions of the CCR's.

Garage may also be violating a county set back line as well as a CCR.

Most states require that the realtor convey a copy of the CCR's to a property purchacer; and when you got your building permit from zoning, they should have suggested that it might be a problem (you DO have a building permit?)

Review your deed; and maybe check with your closing atty and/or a real estate atty. Bigger problem will be making sure you aren't violating county law for the garage setback; then try and deal with the HOA. Might or might not be possible.

FYI: Have you been paying HOA dues? Might be another issue.

Answer 4

When you received your Deed, the Description probably included "Subject to: Declaration of Covenants and Bylaws of the HOA, originally filed for record in Book X at Page Y, as may be amended from time to time" or something similar.

Even if it didn't say that, you still take title subject to anything on record.

In other words, you don't have to sign it, you agree to be bound by them by buying the property.

Arkansas is one of those states where you aren't required to have an attorney represent you at Closing. This is the result.

Answer 5

if the HOA was created prior to your purchase of the property, then the agent that sold it to you should have informed you of this as well as the annual dues and the by laws.

if the HOA was created after your purchase, you should have been informed of this, been given the by laws and paying dues, in which case, they can dictate what you can and can't do (some states have exclusions, like california... a HOA can't tell anyone no to solar collectors because they don't like where they're located or how they look).

check with your local building department for your address and see what they have to tell you about the HOA... maybe it's just some neighbors that don't like what you want to do and are using this as a guise.

Answer 6

Your HOA will have a set of rules referred to as CC&R's, or Covenants, Conditions, and Restrictions. These are the rules all homeowners covered by the association have to abide by. You should have been given a set of the rules before you closed on your house. If not, the seller was negligent in providing them to you. You should be able to request a copy of them from the association. They may charge you a fee for the copies, or you can borrow a neighbor's copy and make your own copies cheaper.

If your state requires a copy to be given to you before closing and it was not, you may have legal recourse. If it has been five years, the statue of limitations may have expired though.

Answer 7

Didn't you use a Realtor to purchase this place? This isn't a purchase you could have made without being told of the association and given the bylaws to review prior to closing. If that is the case, you may want to hire a Real Estate Attorney to review your purchase agreement.

And you are pulling permits to construct this garage? And yes, the HOA can dictate to you.

Answer 8

Yes, but this is good and bad. It prevents you from doing certain things to your home but the restrictions fall within guidelines set out by the board members. (who meet just to meet and make new rules to make the board seem important)
The good is it prevents your community from going places you don't want Purple houses, uncut grass and any thing that will generally bring down the property values. So when all is said and done this is to your advantage...remember there are always loop-holes and you can present your side of the story to the board the next time they meet. Who knows your Idea may help their cause.

Good Luck
[e-mail]

Answer 9

no they should not? but, you do say my hoa. is it your HOA? or the street is the border line between you and the association? if your house looks like the rest you are prob. part of it.

Answer 10

expensive ARM: save It genuine casual, Bro! physique of ideas administration ...... do no longer even point out the "F***'n" sounds! the foremost's *too lots "Noise" @ 4 interior the Morning! (previous 11) in simple terms state which you're continually listening to disturbances, television's etc ~ besides to voices from different citizens. you're no longer able to SLEEP around 11 pm! See if the association can come to an information with ALL aspects proprietors~ *asking them to be considerate to others & be Quiet After 11 pm ! (administration Cable television's, Radios, CD's etc.) i do no longer think of we are able to realize a * "NO F**cking After 2 am" * Clause! :-( in simple terms casually communicate over with the chief & tell them your Sleep subject! stable success~ ARM desire you have a solid nights sleep quickly! I artwork interior the Realty container! i've got self belief ur discomfort!