Does an HOA that.......

Does an HOA that has zero fees and charges no dues, and provides no services to the homeowner have any real authority?

Ah, man.. Jay beat me to the answer.

ANY HOA has only the rights, responsibilities, obligations and authority given to it in the by-laws, regulations, charter and covenants. An HOA that charges $500/week has no more authority than an HOA that charges $5/year, unless said authority is written properly in the documents that establish and govern the HOA.

So, to answer your question, yes, that $0 HOA COULD have lots of authority, or it could have very little to none.

actually john, if you, as a legal adult, enter into a contract with another person or entity to regulate the placement of your garbage (as to dates, times, lengths, etc.), then yes, the other entity to the contract has some legal rights to force compliance (or pay whatever penalty was agreed upon).

It's a civil contract, plain and simple, and if you sign one that says you will do X and they will do Y, or else Z will happen, then that's enforceable.

This is only a true statement if the Association is not incorporated.

Once it becomes incorporated, the corporation known as your association, inc. became a legal entity.

MelissaP1 I don't know the laws of your state but in California an HOA is a legal entity. The Association is required to file with the State of California as a Business Entity. THe HOA is required to file its bylaws with the City its located. Yes, the HOA is made up of its individual members but in the eyes of the State, local government, and the Courts it stands on its own as a Business Entity.