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Can a COA/HOA enforce state laws or city ordinances that are not in the COAs/HOAs Rules and Regs or other governing docs?
Anonymous5 views2 answers
The owner pointed out to the fining committee that the COA could not fine them, because the supposed rule they are fining for was not in the rules and regs or ANY other governing documents. The COA said they are fining the owner because the owner broke state law . This fine is considerably high.
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
Without knowing more it is impossible to say. The documents of the association could have a provision requiring all owners to comply with state and local laws. A court might think that to be too vague and broad to authorize enforcement, but many courts protect the associations no matter how ridiculous the claims. It comes down to the owner having to decide to either pay the fine or spend enormous sums of money litigating the issue. It's usually cheaper to pay the fine and not risk losing your home to foreclosure for unpaid fines.
Many HOAs have a general provision in their documents requiring homewoners to comply with all applicable ordinances and regulations. This language could be interpreted by a court to allow the HOA to fine the homeowner for noncompliance with a state law or regulation. The problem many face when fighting an HOA is the fact that if you lose you usuallly not only have to pay your fees, but the HOAs as well. Most folks cave in rather than fighting. That's sad, but true. Good luck
