Bylaw & Covenant Enforcement

January 17, 2023

Are Motorhomes Considered Trailers in HOAs?

Full disclosure, my parents owned a motorhome and would load my sister and me in the motorhome every summer for week- and month-long trips.  I have some great memories from these tips, but I also remember the motorhome sitting on our driveway on the rare occasions we were home.  I’m sure that some of the neighbors were not pleased with…
Read More →
October 20, 2022

How to Interpret Ambiguous HOA Restrictive Covenants

Cigarette smoking is no longer as prevalent in U.S. society as it once was, and the percentage of adults that smoke has declined significantly over the past fifty years.  According to the American Lung Association, cigarette smoking in the United States has fallen from 42.6% of adults in 1965 to 13.7% of adults in 2018.  Even recent trends suggest that…
Read More →
August 17, 2022

Can a Voluntary Homeowners Association Enforce Restrictive Covenants?

Most homeowners associations require that owners within the subdivision be members of the association.  While these types of homeowner associations are the norm, they are not the only type of homeowners associations in existence.  A voluntary homeowners association is just that, an HOA where membership is voluntary.  But as a voluntary homeowners association, some members may believe that the association’s…
Read More →
July 19, 2022

Are Your HOA’s Architectural Control Restrictions Specific Enough?

One of the many benefits of buying property in a homeowners association is that the homes are often more valuable than homes located in non-deed restricted communities.  Architectural control restrictions in restrictive covenants often play a significant role in increasing and maintaining property values in a homeowners association.  Many HOA bylaws contain architectural control restrictions that regulate the appearance of…
Read More →
1 2 3 4 5 8