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Getting Along in an HOA
Do you live in a neighborhood association? If so, be sure to review the rules that govern your subdivision carefully. This is best done before you purchase a home or condominium. Many HOAs have restrictions that prohibit certain pets, clothes lines, sports equipment (i.e. basketball hoops), and even parking cars on the street. Strict groups have enforcement patrols that may write up offenders and even impose fines if you fail to follow the rules which are recorded against the property in real estate records and enforceable as a contract. Neighbor disputes can get ugly. No one like living next to the person who never takes the trash can in from the curb, or who plays loud music at inappropriate times. The rules, also known as covenants, conditions and restrictions (CCRs) are imposed by developers in order to protect property values and ensure that the area will remain a nice place to live for everyone. Enforcement can take place in a variety of ways. First, the HOA may have a Board of Directors that will try to work with the offending property owner. If that is not successful, a code complaint may be filed with the city or county. Finally, the neighborhood may retain a lawyer to assist with filing a complaint in court for damages and injunctive relief (in other words, to make the person stop doing what they are doing, or to change their behavior - repaint a badly painted home, or tear down a fence). Before rushing into a lawsuit, however, check the CCRs carefully, sometimes the prevailing party is entitled to their attorneys fees. Therefore, if you sue and lose, you could end up paying for the fees of the defending party's lawyer! |
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