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Texas law does not automatically give a property owners' association the right to impose fines or use a self-help remedy. These powers must be granted by the declaration of covenants, conditions, and restrictions.
On private streets, associations can restrict the number of vehicles, prohibit or limit parking of commercial or recreational vehicles, and restrict street parking. The HOA generally cannot regulate parking on public streets.
Yes, you can generally sue your HOA in small claims court if the dispute is for $10,000 or less. It is quite common to take dispute resolution to the small claims court of your state. You will have to pay filing fees and may need to represent yourself, though some attorneys will represent you for a fee.
The short answer is yes, police can enforce some HOA rules. That's because HOA rules must comply with state and local laws and ordinances.
If the HOA breaches a rule or regulation of the governing documents, homeowners may have grounds for a lawsuit and whether a contract has been breached is a question of law for the court.
Private Streets. In general, parking restrictions contained in the CC&Rs, which are filed in the real estate records and run with the land, are legally enforceable on private streets. However, HOAs do not have the authority to enforce parking restrictions on public streets unless authorized by law.
Remember that your HOA cannot impose fines or tow away vehicles that are illegally parked on public roads, even if those roads run through your community.
Fines for Violation of a Homeowner Association Rule Under Arizona law, an HOA may not issue a fine until it first offers you a hearing before the board of directors. If the HOA fails to provide you an opportunity for a hearing before the fine is imposed, the fine is illegal and not enforceable.
Limits of Authority: Public vs. However, HOAs do not have the authority to enforce parking restrictions on public streets unless authorized by law. For example, in 2013, the state of Arizona passed a law that prohibits HOAs formed after 2014 from adopting rules that regulate public streets within the neighborhood.
Generally speaking, there is no way around it. Membership must be taken seriously, rules must be followed, and dues must be paid. If you buy a home in a neighborhood that already has an established HOA, you must join as a condition of purchasing the new home.