When you live in a community governed by a homeowners association (HOA), you are legally bound to follow the rules of the organization. This is why you must carefully read over the covenants, conditions, and restrictions (CC&Rs) before you buy a house in that particular community. If you have lived in this community for years and the HOA suddenly makes drastic changes to the CC&Rs, you may need to take action to stop this from happening if you do not agree with the changes. Here are two things you should know about this.
Changes Cannot Be Made Without Voting
One of the best things to do as a member of an HOA is attend the meetings. All homeowners in the community should be welcome at these meetings, and attending is the only way you will have a say in what happens with the HOA.
If you have attended all meetings and are notified by the HOA that things are changing, you may be able to stop the changes by talking with a board member of the HOA. If the HOA wants to change rules or conditions, they must vote on these changes at the meetings. If they did not vote, they do not have the legal grounds to make the changes.
Voicing your concerns about this to a board member could stop the changes from occurring. If this does not help and they continue to proceed with the changes, you may want to take another step to stop these changes from taking place.
Group Together To Fight The Changes
If you are still having problems with stopping these changes from taking place, you may want to talk to other homeowners in your neighborhood. It is often easier to fight an HOA when you have a group of people fighting together. The entire group can attend the next HOA meeting to fight these changes, and the entire group can also hire a real estate lawyer for help.
If you work together on this issue, it may be easier to win, and it will be cheaper because you can share the costs of the attorney. Hiring an attorney is often the best way to resolve conflicts between homeowners and HOAs, because real estate attorneys know how HOA laws work.
Living in a community with an HOA has its pros and cons, and you should make sure you actively participate in the HOA meetings, simply so you can have a say in what happens. If you end up fighting with your HOA over an issue, it might be easier and more effective to hire a real estate attorney to do the fighting for you.