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Do you legally have to follow HOA rules?

If you buy a home or condo in a neighborhood or building with a voluntary HOA, you don’t have to join it. If you opt out, you won’t get to use the facilities the HOA fees support, or you might have to pay to use them. Since residents can choose whether to join, voluntary HOAs cannot enforce their rules on nonmembers.

Can I take legal action against my HOA?

If you have a major dispute and believe your HOA is out of line, you can take legal action. Before protesting any HOA action against you, make sure to review the CC&Rs and see whether your own actions were allowable. Because an HOA is a legal entity, you can file a lawsuit against it and ask a court to get involved.

Who regulates HOAs in Virginia?

Office of the Common Interest Community Ombudsman | Virginia Department of Professional and Occupational Regulation.

What happens if you don’t follow a HOA?

What happens if you violate HOA rules? An HOA can’t force a homeowner to sell a home for not following the HOA rules; however, it can enforce the rules and initiate reasonable fines for violations. Instead, he received a cease-and-desist letter from a local law firm for breaking the HOA rules, along with a $1,000 fine.

What legal rights do HOA have?

Homeowners also have a right to change HOA rules and regulations, a right to question HOA fees and special assessments, a right to access HOA documents and financial reports, and a right to disciplinary hearings.

Can HOA fine you in Virginia?

The HOA can impose fines on homeowners who disobey covenants, but there are laws governing this process. In order to impose fines on owners, the HOA must provide at least 14 days written notice to the owner of violation. The owner then has the right to a hearing in front of a volunteer fining committee.

Can HOA selectively enforce rules?

A homeowner can sue HOA for selective enforcement if they feel it is warranted — they have every right to do so. Naturally, an HOA board will want to do everything in its power to prevent legal action from taking place.

Can you just ignore HOA?

You are not “breaking the law” per se when you don’t adhere to the HOA rules or pay your HOA fees. Failure to do either of those, however, can still result in serious consequences – e.g, fines, prohibitions on using the community facilities, and, ultimately, the establishment of liens on your home.

How do you close an HOA?

Call an association meeting and ask for a vote on dissolving the HOA. If approved, have the agreeing members sign the termination agreement. Settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation with the SOS to complete the dissolution.