Rental restrictions undeniably limit the free-use of property. Nonetheless, courts throughout the country have consistently upheld such restrictions when rationally calculated to promote the development’s greater good. Even blanket rental prohibitions have been reluctantly upheld in some states, as long as the association has a legitimate purpose for the restriction. “Legitimate purposes” justifying rental restrictions typically involve maintenance of property values and promotion of community standards. Along with serving a legitimate purpose, to be enforceable a rental restriction must be a “reasonable” means of accomplishing the stated goal. Rental restrictions come in several forms, two of the most popular of which are caps and lease restrictions.
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Pets can be a welcome addition to your family. A loyal dog, a comforting cat, or even a calming fish tank can vivify a household and provide a soothing distraction from the daily grind. But, unfortunately, pets can also occasionally become an annoyance to neighbors. Overly abundant cats or noisy dogs negatively affect a development’s quality of life and aesthetic appeal. Aiming to curtail potential nuisances, many homeowners’ associations have adopted pet restrictions within their declarations, establishing rules regulating members’ pet choices and practices. Learn what homeowners' association can (and cannot) do under the law when it comes to enforcing pet restrictions.
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The right to record liens, and to foreclose on unpaid liens, is perhaps the most powerful tool homeowners’ associations have to enforce assessment obligations. State HOA laws are designed to allow associations to recover unpaid fees without undue effort and expense while protecting homeowners from overly aggressive associations by requiring strict compliance with statutory procedures and ample notice to homeowners.
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Homeowners' Association laws vary considerably from state to state. But the right of homeowners to inspect association documents is uniformly recognized. After all, as a homeowner, you are a member of the association, and the ultimate purpose of any association is to benefit homeowners. Just as the shareholders of a corporation have a right to know about the financial status, management, and assets of the business they own, so, too, do HOA members have a right to stay abreast of association budgets, expenditures, and financial transactions.
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