![]() ![]() In other words, HOA rules cannot override state or federal laws, nor can they contradict the city or county ordinances that govern the area in which the HOA is located.įor example, if an HOA rule states that homeowners cannot park on the street overnight, but the city ordinance allows for street parking between certain hours, the local ordinance would take precedence. While HOA rules and regulations can be an effective means of ensuring community cohesion and maintaining property values, they must also comply with local laws. These rules are outlined in a document known as the CC&Rs (Covenants, Conditions, and Restrictions), which is provided to homeowners upon purchase of their property. However, in addition to these state laws, HOAs also typically have their own rules and regulations that govern community behavior. These laws dictate the procedures for creating and operating an HOA, as well as the rights and responsibilities of HOA members. However, it's important to understand the nuances of this issue to fully grasp how to proceed if you believe your HOA has overstepped its bounds.įirst and foremost, it's essential to note that homeowner associations are private organizations that are generally subject to state laws governing non-profit corporations. The short answer is yes, local laws do supersede HOA rules. Specifically, homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). As experienced HOA attorneys, we often receive questions from homeowners regarding the hierarchy of laws that govern their community. ![]()
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