HOA Rules and changes to them

Started by ChristinaB2 • 5 replies • 565 views

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ChristinaB2 (California)
Posts: 23

Posted:

The HOA Board is rewriting the rules as it pertains to commercial vehicles to be less ambiguous. Is it against the law for them to change the rules while they are fighting with a homeowner and their attorney about such rule? They are changing the rules to be less ambiguous and to disallow the owners truck.

RichardP13 (California)
Posts: 3,868

Posted:

What kind of truck is it?

ChristinaB2 (California)
Posts: 23

Posted:

My real question here is, Is it against the law for them to change the rules while they are fighting with a homeowner and their attorney about such rule?

RichardP13 (California)
Posts: 3,868

Posted:

NpS (Pennsylvania)
Posts: 4,216

Posted:

Retroactively applying a new rule to an existing vehicle could be a problem for the BOD. Grandfathering is usually done to avoid a conflict.
But ... Clarifying an old rule and applying it to an existing vehicle is less likely to be a problem.
You might think it's a new rule while the BOD thinks it's a clarification.
The devil is always in the details.

Sikubali jukumu. Read all posts at your own risk.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By ChristinaB2 on 06/18/2019 5:43 PM
My real question here is, Is it against the law for them to change the rules while they are fighting with a homeowner and their attorney about such rule?

I think it is going to come down to what the covenant (on which the old rule and new rule is based) says. The covenants are what have the legal clout. If a rule made by a HOA Board violates a covenant, then a court will throw it out in a heartbeat.

I think it would be more constructive if you provided the covenant; the current rule; and the board's proposed revision to the rule.

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