If you’ve opted to buy a home within an HOA, then you are automatically a part of its Homeowners Association.
This rule is officially mandated by state law, and this law is set into motion to maintain the structure of the community and enforces the rules of the association. The foundation of a Homeowners Association is to serve and benefit the entire community, not just one individual or family living in the neighborhood. In an HOA, when an individual breaks rules that are created to protect everyone’s best interests, he or she is ultimately forced to serve the people.
While HOA board members must enforce an array of legal responsibilities, homeowners also have a collection of rights that the board must abide by. For example, all community members in an HOA have a right to view the HOA’s CC&R’s and evaluate the HOA’s budgets and some financial information if it’s requested. Additionally, it’s the board’s responsibility to ensure that all community members are notified in a timely manner about each and every board meeting that takes place in the community.
Much to the HOA’s advantage, there are countless attorneys, lawyers, and other HOA management officials who specialize in HOA law and can easily help the community and board members understanding each of their own individual rights and legal obligations. Most Homeowners Associations hire a legal counselor on retainer that they can conveniently tap for guidance when a legal matter arises. It’s highly recommended for all boards to refer to someone outside of the immediate group on legal issues and rights in order to successfully navigate legal obligations within an HOA.