Do homeowners have rights in an HOA?

[Kathy2009]

What is the name of your state (only U.S. law)? SC

Does a homeowner have rights under an HOA? We're in SC. We did not have an HOA when we bought, we were told that there was not one but it was a possiblity in the future. Now we have one and they are dictators. I got a letter back in november that we were parking partly on the grass (over a couple of inches) beside our driveway, and one car was in front of the house. So, we were careful to park off the grass and only in the driveway. Now we're being fined $50 because my daughter visits and parks in front of the house for a short while once in awhile. Our article states that "No continuous on-street parking shall be permitted' but not that NO on street parking shall be permitted. When I ask for proof that we did this, they say it's confidential. Do I have the right to ask for proof, or can someone file a complaint against me just because they want to cause me trouble? And what recourse do I have if we are not breaking the bylaws? I don't think that it's right they only take the word of others. Anyone with a grudge could make life miserable if they wanted to. I'm new to HOA's and I need to know my rights.

 

[JETX]

I'm new to HOA's and I need to know my rights.

Your 'rights' are spelled out in the HOA 'Articles of Incorporation' and Rules. You should have been given a copy when you came under their authority. If you don't have one, contact the association and ask.

 

[HomeGuru]

What is the name of your state (only U.S. law)? SC

Does a homeowner have rights under an HOA? We're in SC. We did not have an HOA when we bought, we were told that there was not one but it was a possiblity in the future. Now we have one and they are dictators. I got a letter back in november that we were parking partly on the grass (over a couple of inches) beside our driveway, and one car was in front of the house. So, we were careful to park off the grass and only in the driveway. Now we're being fined $50 because my daughter visits and parks in front of the house for a short while once in awhile. Our article states that "No continuous on-street parking shall be permitted' but not that NO on street parking shall be permitted. When I ask for proof that we did this, they say it's confidential. Do I have the right to ask for proof, or can someone file a complaint against me just because they want to cause me trouble? And what recourse do I have if we are not breaking the bylaws? I don't think that it's right they only take the word of others. Anyone with a grudge could make life miserable if they wanted to. I'm new to HOA's and I need to know my rights.

**A: your rights are stated in the HOA docs ( CC&R's) so read the Declaration, By-Laws, House Rules etc.

 

[Kathy2009]

No rights

So, in other words, I have no rights. They can fine me with no proof given to me even though I never signed a CCR. Sounds rather like a dictatorship to me.

I did not buy a house with an HOA, I didn't want one, but they managed to get me anyway.

 

[JETX]

So, in other words, I have no rights. They can fine me with no proof given to me even though I never signed a CCR. Sounds rather like a dictatorship to me.

I did not buy a house with an HOA, I didn't want one, but they managed to get me anyway.

Are you too dumb to understand what we said. READ YOUR CCR's, etc. They spell out the processes and 'rights'.
I just love it when members of an HOA (or condo, etc.) whine and cry about 'unfair'.... yet don't care enough to even ATTEND a board meeting!!

 

[HomeGuru]

So, in other words, I have no rights. They can fine me with no proof given to me even though I never signed a CCR. Sounds rather like a dictatorship to me.

I did not buy a house with an HOA, I didn't want one, but they managed to get me anyway.

**A: you fact did buy a house in a HOA. Read your title report. You do not need to sign a CC&R. CC&R's are recorded on the land so that is the law of the land. You do not have to agree with it but you must follow it. It's in there. Let us know when you finally get it ok. Until then, we'll be waiting.
"They managed to get you one anyway?" Sounds like a quote from a person that got a hamster for a gift but really wanted a dog for a birthday present.

 

[imdawoman]

???

What do the CC&R's have to do with anything? They mean nothing to an HOA. I was accused of throwing trash from my balcony into our dumpster. It is physically impossible for me to do that because the dumpster is about 1000 feet away from my front door. How is possible that I threw trash from my BACK PATIO over my building into the dumpster 1000 feet away? When I sent them prrof of this I was told that it cannot be removed from my record because they consider any copmplaint that is made to be valid. How is that even fair or lawful? Anyone could say ANYTHING, even if it is totally false, and we get fined for it. It is the same as when we got accused of walking our dog without a leash. We have never even set foot out of our home with our dog without a leash. But, someone said we did- so it got put in our file. It sounds to me like YOU people work for an HOA who responded to this post. ARE YOU THE ONES WHO ARE DUMB???

 

[NC Aggie]

What do the CC&R's have to do with anything? They mean nothing to an HOA. I was accused of throwing trash from my balcony into our dumpster. It is physically impossible for me to do that because the dumpster is about 1000 feet away from my front door. How is possible that I threw trash from my BACK PATIO over my building into the dumpster 1000 feet away? When I sent them prrof of this I was told that it cannot be removed from my record because they consider any copmplaint that is made to be valid. How is that even fair or lawful? Anyone could say ANYTHING, even if it is totally false, and we get fined for it. It is the same as when we got accused of walking our dog without a leash. We have never even set foot out of our home with our dog without a leash. But, someone said we did- so it got put in our file. It sounds to me like YOU people work for an HOA who responded to this post. ARE YOU THE ONES WHO ARE DUMB???

For you to pull up a thread that is 2 years old and go on a tirade about your personal beef with your HOA gives credence to your accusers.

 

[imdawoman]

This came up on a google search from today.

 

[imdawoman]

You must also work for an HOA......wow.....

 

[tranquility]

HOA are very powerful. The best way to fight them is to win elections.