If you are residing in an HOA, you are entitled to certain legal rights. You are obligated to obey the rules and regulations of the HOA and allowed to practice your rights. Homeowners’ rights help prevent unjust treatment and keep the community peaceful. A society that offers no rights to its residents is bound to cause problems sooner or later.
To make sure no board member or resident stops you from exercising your rights, you must educate yourself about them. Often it happens that board members themselves are not aware of these rights and unintentionally cause troubles. Gilbert HOA management companies can help HOA board members understand residents’ rights to prevent potential conflict.
Homeowners’ Rights In An HOA
The right to be treated equally.
The Fair Housing Act prohibits the HOA board from discriminating against existing or potential homeowners based on their gender, nationality, religion, disability, color, race, and familial status. Discriminating acts may include the following.
- Refusing to let people buy a property without a legal reason.
- Asking people from a particular community to pay unnecessary fines.
- Denying requests from homeowners belonging to a specific community.
- Unjustly removing homeowners from the HOA.
Homeowners have the right to protest and file legal complaints when faced with such behavior.
The right to protest against impulsive rules.
Rules are essential for maintaining peace, security, and the quality of life in an HOA. Usually, the board members are the ones responsible for drafting laws and regulations, but that does not mean they can do as they please. The HOA board is only allowed to create and modify rules for the community’s best interests. No board member can draft rules based on their personal preferences. For example, a board member cannot ban the color green because they dislike it.
The right to question HOA fees.
Every homeowner is required to pay a monthly fee for the maintenance of the HOA. This fee is decided and calculated by the HOA board. Residents have the right to question where and when this money is used for their community. If the board causes a sudden increase in charges, they must provide valid reasons and be transparent about their financial management.
The right to sue board members.
Homeowners are allowed to sue board members for wrongdoings. If a board member imposes an unreasonable rule or behaves inappropriately with a resident, they are well within their rights to file a legal complaint against them.
The right to use accommodations for a disability.
Homeowners with disabilities are allowed to request accommodations. For example, they have the right to request wheelchair access to public areas such as the park. The HOA must meet the requirements as long as it does not pose a risk to the association.