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How Homeowner Bylaws Affect Your Legal Rights With Your HOA
by Frank Williams
As the Homeowners Association that represents you should be a champion for your needs, you should find that your opinion matters when change is on the horizon. Your opinion can be conveyed through what is commonly known as a 'referendum' - quite simply, a vote across the neighbourhood on a designated topic. When referendums occur, they are usually so Homeowners Associations can pass or amend what are known as homeowner bylaws - basically, changes to the CC&R that you signed when you joined.
Other means that homeowner bylaws can be referred to include 'by-laws' and, more commonly, homeowner regulations - the actual term which is used varies from country to country, so knowing the most common terminology for your area can be a good idea. If a homeowner bylaw needs to be introduced into the area to bring the contract up to date, you will be more than likely to find that meetings are established so a discussion can be initiated.
Majorities are always used as an indication as to whether a homeowner bylaw should be implicated in a neighbourhood. You should find that all HOAs conduct referendums fairly, however there have been instances where homeowner bylaws have been introduced into a CC&R against the strong beliefs of the community that the HOA represents.
There are Homeowners Association lawyers who specialise in offering legal advice to those that believe the needs of a community have been overlooked in any way, shape or form. Suing your Homeowners Association may be an option you could consider if you have been wronged in any way, but do bear in mind that it is an option that can be incredibly costly for you to pursue.
Homeowner Bylaws are created so the community's quality of life can improve in every way possible, but it's an unfortunate fact that some regulations may not be ideal for everyone. If this is such a case but you believe that a majority is likely, you should find that the executive members of your Homeowners Association would be more than happy to help you experience as little inconvenience as possible.
If you want to have the opportunity to contribute something to your local community, you could also consider enlisting to become a member of the Board of Directors, where you can have the opportunity to get involved with the intricacies of your HOA, and where you will have the opportunity to make a difference to the neighbourhood in which you live in. If you believe that a homeowner bylaw is unfair or if you believe modifications need to be made to your HOA's CC&R, you can be assured that there are a whole host of things that you can do to get your voice heard in your local area.
Where you are an executive member of your HOA or simply a resident trying to get your voice heard, homeowner bylaws are the perfect opportunity for you to initiate change. You can get involved heavily or lightly, with an action as simple as attending a meeting making all of the difference.
About the Author
Frank Williams is the best selling author of the HomeOwners Association Survival Guide, a handy reference for those people involved with HomeOwners Association problems and want to understand more about homeowner bylaws. You can learn more about HomeOwners Association problems, or subscribe to his free course on how to resolve problems with your HOA at homeownersassociationproblems.com
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