Here’s one thing I don’t understand. Do you own the property or does the HOA own it? I’d assume the individual homeowners have to pay property taxes. If that’s so, and the HOA has no legal authority, only contractual authority, what right do they to tell you what to do with your property? I mean, I know you have to agree to the terms of the contract before you can posess the property, but once it’s yours, I don’t see how they can enforce the contract. What am I missing?
Its because you don’t “own” the property in an unlimited sense. You own certain, but not all, rights to the property. A right to place a sign is not part of what you purchased...just like the right to tear down the telephone pole in your yard is not part of what you purchased.
It’s in the covenants which are more than legally enforceable, and attached to the Warranty Deed, Tublecane. Not much you can do about it once you’ve purchased the property with the understanding that the covenants are binding by your own signature.
Sorry situation, in my opinion.
Best Regards,
BR
HOA’s have the power to evict, lien, and sell property, and every homeowner signed off on it. That about sums it up. Your advice is horrible as the HOA is armed to the teeth in a legal sense.
You are missing Article 1 of the U.S. Constitution, which contains explicit protection of contracts. You signed it, it is the law.
I'm not an attorney, but I think they may be able to claim a tort (legal harm), same as when you break any other contract that you've entered into.
When a community association is formed, the developer will attach the governing documents to the land, as well as a lien. That means, from this point forward, any sale of the land is subject to the terms set forth in the governing documents.
A lot of governing bodies do this. Your local township will issue easements, for example. Doesn't matter if you didn't vote for the person who permitted the easement, it gets attached to the land and is part and parcel of it forever.
Or mineral rights. Here in Texas, some oil hunter 100 years ago could have reserved 50% of the mineral estate FOREVER and only sold the rest. Guess what? If they decide to develop their share of the mineral estate, they may have the right to come digging in your yard.
HOAs are set up to maintain a certain look within a community. When you buy into one, you agree to the rules that run with the land, and you agree to pay your fair share of maintaining any common areas (community pool, park, green ways, etc., whether you use them or not). A corporation is set up for the sole purpose of conducting the business of the community.
If you don't pay your fair share, the HOA has the right to trigger the already existing lien on your home. So yeah, the HOA most certainly has legal authority, since it pre-dated any home being built.
One out of every 7 people now live in some type of HOA. Over 2 million folks volunteer for their boards every year. Most boards are begging for folks to serve and help out in the community. A lot of people think these folks are just nanny-state busy bodies, but the reality is that if they DON'T enforce the rules, they are subject to a lawsuit by a REAL nanny-state busy body.
Well, if there are monetary fines for an "offense," they can put a lien on your property for that amount. That's what my HOA does if you don't write a check for the dues in the first quarter of the year.
A lawsuit?