hoa declaration covenants exterior maintenance

Permissible restrictions could potentially address anything from exterior color, landscaping, and trash-can placement to above-ground pools and solar panels.ĭepending on the specific jurisdiction, a declaration might broadly reserve to the HOA the right to grant or withhold approval of most modifications that would affect the appearance of a home or lot within the community. Many or even most subdivision declarations empower the association to protect the community's appearance in one way or another. Most states allow HOAs considerable discretion in adopting and enforcing restrictions as long as the restrictions are validly enacted under state law and the community's governing documents. Quite often, those covenants and restrictions have something to say about the appearance of homes and lots in the community and what improvements homeowners can and cannot undertake. Although the substantive rules are occasionally similar, there can be notable differences between the legal and procedural standards applied in the two venues.

While HOA restrictions are generally based on contract law principles, zoning boards and planning commissions derive their authority directly from state and local governments. Before we dive in, it is essential to clarify that HOA restrictions and approval requirements for home improvements are distinct from local zoning ordinances and permitting rules. However, there are also plenty of reasons why an architectural restriction might not be enforceable. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. legal system generally views any land-use restrictions with suspicion. In practice, architectural restrictions involve a balance between individual rights and community well-being. The tradeoff, though, is that you are surrendering the right to use your property however you see fit. If we all agree not to paint our houses any outlandish colors or fashion any absurd landscaping sculptures in the front yard, we can maintain a dignified atmosphere and keep property values high throughout the subdivision. And, as it turns out, architectural and aesthetic standards within a community are one of the more popular topics for restrictions. Enforcement of covenants and restrictions is one of the many powers and duties with which homeowners' associations are imbued.

Hoa declaration covenants exterior maintenance