HOA

Unenforceable Rules and Your HOA

If you have ever lived in a neighborhood with a homeowners association (HOA), you know some are good and some are bad. Unfortunately, you might see some unenforceable rules by an HOA that they will try to enforce regardless of the legality.

Discrimination

Discrimination is still a problem in a lot of places. Suppose an HOA has discriminatory rules such as no kids, no ethnic diversity, no religious diversity and no people over or under a certain age. Unless the community is specifically billed as an age-restricted community such as over 55 or retirement communities this is illegal and unenforceable. These restrictions are illegal and, therefore, unenforceable.

Unrealistic Demands

Unrealistic demands can become a real problem with an HOA that thinks it can do anything. Despite being in the contract, an HOA cannot make unrealistic or unreasonable demands on people. You have to be careful when signing an HOA contract because some demands that seem unreasonable are perfectly legal once the contract is signed. An example of an unrealistic demand is an HOA mandating that you do not lock your doors.

Police Action

Although the HOA might call them, police do not enforce HOA rules. An HOA contract is considered a civil matter or contract dispute. Police will not act against you unless you are committing a crime.

Unfortunately, HOAs have a reputation for getting out of hand. Read your HOA contract carefully before signing it to avoid future issues.

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