Legality of HOA Laws

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Individuals who agree to purchase a home within a community that is governed by an HOA must abide by the bylaws of the association. A home owner’s association is an organization designed to set a standard of living by which all members who have joined must agree to abide by. Homes that are being listed for sale must disclose whether or not the property falls within the jurisdiction of an HOA. If it does, the purchaser will be required to become a member of the association. Many people are weary of these associations since there are some HOA horror stories out there.

As a legally created organization, the legality of requiring membership usually isn’t questioned. When a person purchases a home knowing it is falls under the governance of an HOA, they accept the fact they must follow the bylaws put in place by the organization. Normally the bylaws including provisions concerning the outward appearance of the property, such as:

  • landscaping that meets community standards
  • neatly maintained yard (trimming and mowing)
  • limits to the type of ornamentation placed in the yard
  • maintaining the look of the home (outside maintenance, such as painting and siding)
  • proper care of pets
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Every community is different and HOA management companies in Phoenix vary in the degree of restrictions they place on the resident’s in their own particular neighborhood. Many are quite strict, while others are more lenient when it comes to certain procedures and provisions. If you are considering purchasing a home within the jurisdiction of an HOA, it would serve you well to find out exactly what is expected of you as a member of the association.

Once the home has been purchased, you must begin to follow the provisions and bylaws of association. Failure to do so can result in fines and legal action. Because they are a legally recognized entity, they are able to force compliance through court proceedings. HOA management companies in Phoenix (HOA management companies Phoenix) will often give homeowner’s ample time to comply with violations. While you are legally responsible for your level of compliance, they have legal responsibilities as well. They must follow all laws and procedures in a legal fashion if they expect to do the same.

The laws governing HOA management companies are the same as those for small corporations. They are binding and legal once a new homeowner purchases a home knowing it is included in the HOA’s designated area.  

 

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