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.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.
In Massachusetts, homeowners' associations, also called HOAs, are not governed by a particular law in the way that inium associations are. Generally, iniums are preferred by developers when trying to create housing arrangements with shared common spaces among different unit dwellers.
The state ranked seventh nationally for the number of associations by the Foundation for Community Association Research, a nonprofit organization that focuses on community research in the homeowner and inium association industry. The organization reports that Massachusetts has 11,800 associations.
Legal Framework Governing HOAs in Massachusetts In Massachusetts, homeowners' associations (HOAs) are subject to a robust legal framework. This framework not only aligns with federal regulations but also includes state-specific laws designed to regulate the formation, management, and operation of these associations.
As Kriegstein explains, “In order to enforce an HOA rule, the association must have the authority to do so, as outlined in its governing documents. This may include the ability to impose fines or penalties for noncompliance or to take legal action against homeowners who refuse to comply.”
Consequences of Non-Compliance Fines and Penalties: HOAs have the authority to impose fines and penalties on homeowners who violate community rules. These fines can escalate over time if the violation persists, potentially leading to significant financial burdens for non-compliant homeowners.
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.