The Power Struggle: Unveiling the Dominance of Homeowners Associations

Homeowners Associations (HOAs) are a common feature in many residential communities across the United States. These organizations are designed to maintain the quality and value of properties within their jurisdiction. However, their power and influence have been a subject of debate, with some arguing that they wield more power than local government bodies. This article aims to shed light on the dominance of HOAs and their role in residential communities.

The Role and Power of Homeowners Associations

HOAs are private associations formed by a real estate developer for the purpose of marketing, managing, and selling homes and lots in a residential subdivision. They have the authority to enforce rules and regulations pertaining to the maintenance and appearance of properties within their jurisdiction. This power is derived from a legal document known as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).

Are HOAs More Powerful Than The Government?

While it may seem that HOAs hold a significant amount of power, it’s important to note that their authority is limited and different from that of the government. HOAs are governed by state laws, and their rules cannot supersede state or federal laws. However, within their jurisdiction, they can exert a level of control that can feel more immediate and restrictive than local government regulations.

How Do HOAs Exert Their Power?

HOAs exert their power through the enforcement of their CC&Rs. These can cover a wide range of issues, from the color you can paint your house to the type of landscaping you can have. Violation of these rules can result in fines or legal action. In some cases, HOAs have the power to place a lien on a property if the homeowner fails to pay dues or fines.

What Are The Checks And Balances On HOA Power?

There are several checks and balances on the power of HOAs. These include state laws, the courts, and the homeowners themselves. Homeowners have the right to vote on HOA rules and elect board members. In some states, homeowners can also call for a review or change of HOA rules. If a homeowner believes an HOA has overstepped its bounds, they can take the issue to court.

Conclusion

While HOAs do hold a significant amount of power within their communities, it’s important to remember that they are not above the law. Their purpose is to maintain the quality and value of the community, and homeowners have a say in how this is achieved. Understanding the role and limitations of HOAs can help homeowners navigate their relationship with these associations and ensure that their rights are protected.