Home Owner's Association Issue

[Shindere]

What is the name of your state? Georgia

I am having some issues with my homeowner's association. There have been problems going on with shared facilities (hot water closet) and other shared properties for some time which the association refuses to remedy despite numerous complaints from me over the last few years (over the same issue). Additionally, they continually increase my HOA fee every year, from $200 when I first started living there all the way to almost $250 today.

When I purchased my condo, of the documents I had signed, none of them were a) the HOA agreement or b) an agreement to follow the HOA guidelines. Am I still legally bound to their rules? I am not doing anything outrageous, just as example they require me to have white curtains and will not allow me to have a welcome mat in front of my door.

Additionally, looking over the HOA booklet (which was not signed for, again) there is a stipulation saying that I am not allowed to rent out my property. Due to problems with the association, I have been staying with my fiance for some time but don't know if they have the right to tell me that I am not allowed to rent out a property which I legally own.

Thanks in advance for any help you can provide!

[seniorjudge]

Q: Am I still legally bound to their rules?

A: Yes.



Q: Can a home owner's association prohibit me from renting a property which I own?

A: In the association guidelines book it says that I am not allowed to rent my property but I don't know if that's legal or not for them to do as I am the owner.

[TinkerBelleLuvr]

When you purchase into a condo, YOU are responsible to know what the Covenants & Restrictions are. If you don't like the rules, don't buy. If you do buy, then you must abide by the rules.

[Shindere]

So although I was never presented the association guidelines until after purchasing the condo, thus having never signed the rules, having the ability to review them, or even knowing they existed until after I *owned* the property, I am still bound to them?

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Additionally, I am reading through the HOA contract (still unsigned) and it says that by simply owning a property, regardless of having signed the HOA contract, I am still bound to the HOA contract. I don't think this is legal.

To make a (completely ridiculous but taken to the extreme to make a point) analogy:
I sell you something (car, house, dog) and there is a legal document etc that states that you are now the owner. I neglect to tell you that there is a second contract which you are legally bound to by signing the first (there is no indication on the first that the second exists or that you will be forced to follow it) until after you have signed the first one. On this second contract which is unsigned by you, I am entitled to $250/month indefinately.

This seems highly illegal to me, any response?

[TinkerBelleLuvr]

The Covenants & Restrictions are public record. You can look them up BEFORE purchasing the property.

[Shindere]

How far does that go, though? What other sorts of things could they have on "public record" that they can require you to abide by that they aren't required to inform you of? That seems borderline ridiculous, as I was not informed that I would be required to follow such guidelines (let alone that the guidelines even existed) prior to owning the residence.

[tranquility]

Most HOA are listed on your deed. You "signed" them when you accepted your deed.