Navigating HOA Rules: Can an HOA Enforce Covenants on Non-Members?

Have you ever wondered whether an HOA can enforce covenants on a property that does not belong to the organization? This is a common concern, especially in neighborhoods where new developments join established HOAs. In this article, we explore the intricacies of HOA rules and explain the legal implications for both HOA members and non-members.

Understanding HOA Jurisdiction

An HOA, or Homeowners Association, has jurisdiction over properties that are officially part of the development or subdivision it governs. When you purchase a house in an HOA-controlled area, you are entering into a contract that includes abiding by the association's rules and covenants. These rules are typically outlined in the HOA's Declaration of Covenants, Conditions, and Restrictions (CCRs), which are legally binding documents.

However, if the property you're considering is outside the jurisdiction of an HOA, the association cannot enforce its rules on you. For instance, some properties might be far from other developments or might have been in place before the HOA was established. In such cases, the HOA lacks the legal authority to impose its regulations.

What Happens if My House is in an HOA Area?

If your house is located in an area controlled by an HOA, you are considered a member of that organization. This inclusion is not just a legal formality; it grants you the benefits of membership, such as the maintenance of communal amenities and the protection of property values. However, it also means that you are bound by the HOA's rules and regulations.

For example, if your neighborhood transitions into an HOA-controlled area after you've moved in, you are now part of the HOA. This can be a challenging situation, especially if you were unaware of the HOA rules when you bought the property. Property deeds and closing documents typically detail whether the property is within an HOA's jurisdiction, so review these documents if you have any doubts.

Case Study: A Dispute in a HOA Area

Let's explore a real-life scenario to understand how HOA disputes can unfold. In a suburban neighborhood, a farmer sold his property, and it was replaced with 26 new homes. The new homeowner's association sent letters to the four remaining farms, complaining about the smell of horses and cattle and requesting that the yards and fields be maintained. This situation highlights the importance of understanding the boundaries of HOA jurisdiction.

The residents took matters into their own hands, using big sprayers to paint the barns rainbow colors and using squirt guns to engage in playful antics. While this may sound likes fun, it’s important to note that many HOAs can legally enforce their regulations through legal means. When the new HOA tried to sue the residents, they were fined for their actions, which underscores the legal authority of an HOA within its jurisdiction.

Legal Considerations and What Non-Members Can Do

For non-members, the HOA's authority is limited to the properties within its jurisdiction. If a property does not belong to an HOA, the organization cannot legally enforce its rules on that property. It's important for non-members to verify the status of their property through deed documents or local property records. Local government offices usually have online databases accessible to the public where you can check if a property is within an HOA's jurisdiction.

In many cases, non-members may face community manager complaints or efforts from seasoned residents (often referred to as the 'Karens') to get them to comply. However, such actions can often be rendered null if the non-member can prove that their property is not within the HOA's jurisdiction. Legal advice from a qualified attorney can be invaluable in navigating these situations.

Conclusion

HOA rules and covenants have the force of law only within the association's jurisdiction. If you are buying a property, ensure that it is part of an HOA-controlled area before moving in. And if you find yourself in a situation where an HOA is attempting to enforce rules beyond its jurisdiction, consult with a local attorney to clarify your rights and obligations.

Remember, understanding the boundaries of an HOA's authority and legal filings can help you avoid unnecessary conflicts and misunderstandings. Stay informed and proactive to ensure compliance within the proper jurisdiction.