Homeowners associations (HOAs) can no longer deny building a fence for security. ing to a state law passed on Texas HOA fence rules in 2021, homeowners anywhere in the state are allowed to put up a perimeter fence for added security along the front, sides and/or back of their property.
While you might want to know how to get around HOA fence rules, there is no way to circumvent these rules. Breaking the rules and regulations of your HOA can result in fines, lawsuits, and other penalties. The best way to navigate a fence dispute is to work with local authorities and be willing to compromise.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
Thus, with regard to its organizational structure and general management, an association is subject to the authority of the Ohio Secretary of State. To the extent an HOA's activities implicate any consumer protection statutes, the HOA is subject to the enforcement power of the Ohio Attorney General.
Technically, an HOA can't evict a homeowner.
But can an HOA restrict rentals in the first place? State laws permitting homeowners associations generally can restrict rentals, and you can usually find such restrictions in the HOA's governing documents. To homeowners, rental restrictions seem unfair because they inhibit the unrestricted use of the property.
Both HOAs and iniums can enforce leasing restrictions as long as they are reasonable and consistent with Ohio law and the community's governing documents. In most cases, adopting or changing a leasing restriction will require an amendment to the declaration. This usually requires approval from 75% of the owners.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
HOAs in Ohio are granted powers to enforce community rules, collect dues, and maintain common areas. They can also impose fines for non-compliance and set regulations for property use. For a detailed breakdown, refer to the Ohio Planned Community Law.
As you likely know, the Colorado Supreme Court has held that HOAs cannot restrict Short-Term Rentals unless their Declaration specifically allows such a restriction.