What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
In 2024, the California legislature passed an amendment that allowed online elections to be held within HOAs. It recognized that this could open the door to digital vote manipulation within the HOA's management, though, so the state mandated that each HOA election needed to have an independent inspector of elections.
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
Laws always supersede governing documents IF they conflict and the law applies to your HOA. In California, the Davis-Stirling Act may take precedent over general corporation codes because it's specific to HOAs.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
Your RFP should include these parts as well: Project Title and Contact Information for Your Association. Project Statement & Desired Goals. Detailed Scope & Description. Your Budget. Evaluation Criteria. Desired Timeline. Directions to Project Site. Submission Format.
Be concise and make your purpose/request clear. You can add a friendly greeting at the beginning, but there is no need to provide paragraphs of background information or personal opinions. Offer a solution, if possible. Complete the letter or email with a suggestion on how the board can take action.
Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members.
In Georgia, homeowners associations can generally prohibit or restrict rentals. However, if an HOA wishes to amend its governing documents, Section 44-5-60 of the Georgia Code may apply.