Everything You Need To Know Concerning An HOA Resolution
Posted on November 21, 2022 7:59 AM by HOA Sites
Homeowners and landlords frequently find themselves entangled in disputes over the issue of whether a homeowners association has the authority to resolve a complaint. The dispute usually arises from a homeowner’s refusal to follow the rules established by an association or the HOA fails to enforce rules that are already in place and posted to the community website. In such a situation, you might wonder if you can refuse to comply with an HOA resolution based on some of its provisions. Read on for what every resident needs to know before addressing an HOA resolution.
The HOA & The Homeowner Must Agree
You should know that while an HOA might be willing to hear about matters from its members, it is up to the individual homeowner or landlord to bring the dispute before the association. If they don’t, it will likely be considered a refusal of service. In addition to that, any resolution made within an HOA, whether a commercial or residential property, must be approved by all association members.
Comply With State Laws
Even though your HOA is a private, nonprofit organization, it is also required to comply with the laws set forth by your state. Most states want you and your HOA to follow many laws. Like, your board must approve maintenance projects and capital improvements and new projects or significant additions that are highlighted on the community website must get a majority vote from all members. As well, you should have regular board meetings and have enough money on hand to pay your current bills.
By signing an agreement with your HOA, you agree to abide by the association’s bylaws, rules and regulations, and agreements. If any of these agreements violate the law, then it is possible that members of the HOA could face legal action. That’s why it is important to check each board member’s background and verify they haven’t broken state laws.
An HOA resolution is beneficial as it provides a check on the members who live in your association. It helps ensure the board is operating properly and holds them accountable if they don’t follow through with issues. That can be a positive for the community as the board knows they will ultimately be held accountable so they would be more likely to fulfill their roles and avoid any legal action being taken against them.