Homeowners associations, sometimes referred to as simply HOAs, are a major issue that many real estate buyers need to contend with. If you are not careful, you can find that an otherwise excellent home is burdened by HOA bylaws that impact your ability to enjoy your property. Here are five things you need to know about HOAs:
- You can become a member of an HOA without intending to do so
- Under normal circumstances, you cannot join an organization like an HOA without your consent. However, HOAs are special because the restrictive covenants that create them are attached to the land, not the person that agreed to them. That means that you can join an HOA simply by buying a property that is part of the HOA, without even necessarily knowing you were doing so.
- HOAs have the power to pass bylaws
- One of the principal powers of HOAs is the ability to pass bylaws that restrict the properties that belong to it. These bylaws can do everything from restrict what colors you can paint your home, to limiting water consumption, to requiring your grass remain below a certain height. These requirements are not laws, strictly speaking, but they do have the authority to enforce them.
- HOAs can hinder your ability to use or renovate your home
- In addition to everything else, HOAs can also place limitations on how you can use your home, and restrict what kinds of renovations you can perform. For example, they may prohibit renovations that add extra rooms or floors to your home, or prevent you from installing a shed or garage. They may also limit your ability to rent out rooms in your home.
- HOAs can punish you for failing to meet their requirements
- If you violate one of the bylaws of the HOA, they have the legal authority to issue fines to violators. Depending on how severe and frequent the alleged violations are, this can total hundreds or thousands of dollars. They can also attempt to block you from performing renovations or doing anything else with your property that violates their bylaws.
- You may be able to contest the HOA in court
- Despite the extraordinary powers of HOAs, they can be contested in court. Many HOAs, for example, violate modern Fair Housing laws, or other legislation that did not exist when they were first created. However, to know what legal options may be available to you, you should speak to a lawyer with experience handling real estate matters.
At David J. Lorber & Associates, PLLC, we assist clients throughout New York who are looking to buy or sell real estate. We will guide you through the process and help you minimize your legal and financial risks. Call us at (631) 750-0900 or contact us online to schedule your Free consultation at our Setauket office.
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