HOA Changing Rules After 3 Years -- After People Have Spent Money

Our HOA, after getting a couple of interesting characters its board, changed a few covenants rules after 3 years, such as, no patio or balcony furniture allowed on the patios or balcony. As of now many unit owners have patio or balcony furniture and some have invested thousands of $s on it. What a shame!!!

Can the HOA really enforce such a thing after-the-fact i.e. on pre-existing conditions? If yes, should they be liable to pay for damages to the unit owners?

BhooatniS,

If this was actually an amendment of the CCRs, most likely the members were required to vote on it. However, in most instances the board does have the power to make additional rules w/o a vote of the membership. These rules are enforceable the same as the CCR, but they cannot be contrary to the CCRs. I would seek to find out why such a ridiculous rule was passed. If enough h/o's complain, perhaps the board will see the light and rescind it. In the meantime, anyone who violates this rule will be subject to the consequences.

Bhootni are you saying they actually changed the covenant / passed a rule that prohibits all patio furniture? What did the letter you received from the Association cite as the reason for such a drastic turn of events? While we required everyone to remove their grills in compliance of the new state fire code; we let them keep their table and chairs. Well we sent one nice letter and if they didn't comply the Fire Marshall came over and had a chat with the offenders. But I just don't see even the most power mad BOD arbitrarily deciding you can't sit on your balcony or patio unless there is some sort of a safety issue. The first step in this process should be a polite letter to the BOD or Management Company inquiring as to why this rule was put into place.