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Homeowners can choose to take action if they deem certain rules as unfair, outdated, or discriminatory. It is within homeowners legal rights to change the association’s rules and regulations. Homeowners Have a Right to Change HOA Rules and Regulations However, if there is a lien on the property, the new owner will have to pay it off.Ģ.

The Right of Disposition: A homeowner can transfer ownership of their property to another person.

The Right of Enjoyment: A homeowner has the right to participate in any activity they deem pleasurable - as long as it is legal.

There are also easements for utility workers who need to access the property.

The Right of Exclusion: A property owner can limit who enters their home - unless there is a warrant or court order.

In an HOA, though, homeowners must still abide by community rules and regulations.

The Right of Control: A homeowner has the right to use their property as they please - as long as it is legal.

The Right of Possession: A person who holds the title of the property is the legal owner.

The legal rights of property owners include: Homeowners Have a Bundle of HOA Legal RightsĪnyone who purchases property is afforded a bundle of rights. The best board members realize they aren’t the experts and that they must rely on the opinions of outside professionals to help guide them in their decision-making processes.1. “Don’t rely on your own expertise or lack thereof. If you have a track record of being calm, consistent and fair, you’ll be a respected neighborhood leader and homeowners will know you have the best interest of the community at heart, even if they disagree with a ruling.” When tempers flare, remember that you are an elected leader and shouldn’t rise to the bait. Homeowners can be abusive with their language, and oftentimes it’s unintentional. That’s why the ability to not take things personally is so important. “Sometimes it’s very hard to separate the message from the messenger, especially when dealing with something as personal as your home. – Mark Dodge, CMCA®, AMS®, President, Desert Resort Management

What you can do is control the tone and nature of the disagreement.” “Disagreement is inevitable, and you cannot eliminate it. Understand that disagreements will happen.This helps eliminate unnecessary confusion within the community and with any outside vendors or management and will prove that you’re working as a united front in the best interest of the community.” However, it’s important to remember that when you step out of your meetings, you represent the board as a whole. “All board members choose to serve for their own reasons and not all decisions are shared as a unanimous vote. – Jesse Dubuque, CMCA®, General Manager, Associa Minnesota Enforce all rules fairly and don’t give variances to some people because they are nice and enforce on others because they ate the last hot dog at the community picnic.” Refrain from just taking on your own pet projects or focusing on your friends and neighbors - every decision you make needs to be unbiased and beneficial to all members. “As an elected leader, you need to look out for the good of the community. To help you become the best board member you can be, we asked experts to weigh in and share the advice they would give to someone who has never served on an HOA board of directors.

Your fellow neighbors trust you to fulfill your fiduciary duty of acting within your authority, exercising due care, and always working in the best interest of the association. As a board member, you’re responsible for balancing the needs and obligations of the community with those of individual owners.