They should also compare HOA regulations to city laws to ensure they comply and to prevent future disagreements. Property managers in Arlington should be aware of these maintenance rules to ensure HOA rules don’t contradict them and cause confusion for residents. An example of taking the laws a step further for HOA residents might include enforcing penalties on lawn growth when the grass reaches 6 inches in height instead of the city-regulated 12 inches of growth. HOA laws cannot override city laws by stating, for instance, that residents don’t have to maintain their properties, but they can take them further or increase penalties for failure to comply with them. These laws state that residents must maintain their lawns and properties, cut back obstructing vegetation, eliminate rat harborages, and remove inoperative vehicles. Community members must follow HOA rules in these situations because city law doesn’t cover it.Īrlington, Virginia, for instance, has general laws defining the duties of property owners and occupants within city limits. However, there could be situations where city laws don’t specifically address an issue or where the city’s laws are more relaxed than HOA rules. HOA communities must follow the rule of law within the city and cannot force residents to follow bylaws, rules, or regulations that contradict local city laws. HOA rules don’t override city ordinances. Keep reading to learn where HOA rules sit in the city and state law hierarchy. Learning where contradictions exist could make community management more straightforward for landlords and property managers. Property managers must keep them in mind when guiding residents on community rules or enforcing them themselves. Each of these documents has a place in the law hierarchy. Laws within an HOA community become even more confusing when factoring in the association’s recorded map its declaration of covenants, conditions, and restrictions and its articles of incorporation. The result is confusion and disagreement about which regulations residents should follow. It would also remove the need for residents to interpret those regulations and compare them to local laws.Ĭonflicts do exist, though, as many HOA rules aren’t in compliance with local laws in the D.C. This step would eliminate contradiction and make the rules and regulations easier to follow. Ideally, HOA communities and condo associations would write bylaws with municipal and state laws in mind. These rules are in place to keep the neighborhood or condo complex looking great and to prevent tension that could make it a less desirable place to live. State laws generally take precedence over HOA bylaws and regulationsĮvery HOA community in the country has rules inhabitants should follow to minimize conflict between residents and property managers.
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