If you live in a California community governed by an HOA, you know how important it is to understand your rights as a property owner. Homeowners' associations play an important role in communities, but there are times when an HOA may attempt to overstep its bounds or infringe on your right to enjoy your property as you see fit.
As a homeowner, you have the right to fight back against any violation of your rights. When an HOA oversteps its authority, does something illegal, makes unfair rules or tries to leave you with expensive fines for inappropriate reasons, you may find it beneficial to reach out for help regarding your legal options.
Pushing back to fight for your rights
When you move into a neighborhood with an HOA, you likely have to sign an agreement or covenant that states you agree to submit to the authority and regulations set in place by the HOA. However, that does not mean the HOA can do whatever it wants. It is beneficial for every homeowner to understand an HOA's limits. Some things your HOA cannot do include the following:
- An HOA cannot act in a discriminatory manner or do things that violate the Fair Housing Act.
- Your HOA may not be able to prevent you from drying clothes in your backyard on a clothesline.
- The HOA cannot fine you for violations that are not included in your covenant or neighborhood agreement.
- Your HOA cannot randomly and sporadically change rules unfairly and without appropriate notice or votes from residents.
- California HOAs cannot prevent you from having native plants in your yard, even if they do not go with the neighborhood's overall design plan.
You will find it beneficial to fully understand what is in your neighborhood's agreement before you move into the neighborhood. It can be difficult to deal with an overreaching or malicious HOA, but you do not have to deal with it on your own.
Your rights and interests as a homeowner
In some cases, it may be necessary to reach out for legal help when it becomes impossible to deal with your HOA on your own. As a resident of your community, you have the right to fight back against unfair treatment and pursue the full protection of your interests.
If a lawsuit against your HOA becomes necessary, you will find it beneficial to start with a complete evaluation of your case. This can help you understand how to proceed and what to do to shield your ownership rights.