Homeowners Association Law

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homeowners association lawWhen a real estate developer creates a community they often include codes that must be enforced by all future residents of the community.

This is called a Homeowners Association and when residents agree to live or reside in the community, they are agreeing to follow the homeowners association.

Usually prospective residents receive a copy of the rules before signing an Agreement of Sale.

If you are considering moving into a community that is governed by a homeowners association, you may want to take a copy of the CC&R (Covenants, Conditions, and Restrictions) to a real estate attorney for review.

Homeowners associations are non-profit organizations and are not governed by state or federal laws.

Because homeowner associations are virtually an entity unto themselves it may be difficult to take legal action against them.

Typically, a resident signs a legal contract, agreeing to abide by the terms, however, the developers who create the homeowners association must abide by real estate laws.

Often, problems arise when a resident has failed to read the small print of the agreement and is subsequently fined for violating the agreement.

Other problems may occur when the association increases the membership fees and dues.