WV HOA- unenforced covenants

Started by BA3 • 2 replies • 1121 views

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BA3 (West Virginia)
Posts: 1

Posted:

I am a member of a group that calls themselves and HOA. The neighborhood is divided into members and non-members who pay different rates for the same privileges and items. The inital covenants have not been enforced in years and have largely been viewed as irrelevant because of new "Arc guidelines that the board designed, without any sort of vote, a few years back.

Can an HOA charge two different dues rates for the same membership?

Can an HOA board create and enforce a new set of guidelines without community input?

If covenants are not enforced, are they valid?

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By BA3 on 10/24/2017 3:48 PM
I am a member of a group that calls themselves and HOA. The neighborhood is divided into members and non-members who pay different rates for the same privileges and items. The inital covenants have not been enforced in years and have largely been viewed as irrelevant because of new "Arc guidelines that the board designed, without any sort of vote, a few years back.

Can an HOA charge two different dues rates for the same membership?

Not unless it says so in the Recorded Version of the CC&R's.

Quote:

Posted By BA3 on 10/24/2017 3:48 PM
Can an HOA board create and enforce a new set of guidelines without community input?

The Board can create rules and regulations, and may possibly be able to modify bylaws. It would require a majority vote of the board for those things, normally. The rules may not contradict the Covenants. The covenants normally require a cote of the membership to change. That will also be in the covenants.

Quote:

Posted By BA3 on 10/24/2017 3:48 PM
If covenants are not enforced, are they valid?

They are valid and need to be enforced. The previous Board may not have enforced them, but that does not make them null. Depending on how long the violations have existed, you may not be able to force residents to reverse actions such as buildings. That will be in the state laws.

Sounds like a mess, good Luck.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Welcome to the Forum!

Is this a Voluntary HOA or is it Mandatory with CCR's attached to everyone's property titles? To check yours if you have Title Insurance documents when you purchased take a look at them to see if they note whether your property was encumbered by any HOA. Or you can check with your County Records.

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