11 comments for “Ozy and Millie: No legal authority

  1. As the armadillo boy might comment, “At least you don’t get eaten alive by garbage if you break the rules, like in this one X-Files episode.”

    • It depends on the property. If the deed to the property includes covenants giving the HOA authority- they are called “Covenants, Conditions and restrictions” then those are legally binding. basically, if it says in the CC&Rs that the HOA can issue fines, they can.

      If, on the other hand, the “HOA” is not authorised by the deeds- or is not authorised by said CC&Rs to issue fines- they cannot enforce their rules. (so if thye are literally just a group of crotchety old busybodies without any authority from the deeds, they can’t- legally- do anything.

        • That’s because the HOA can be considered to have a lien on the property similar to how a mortgage works to enforce the fees set out in the deed- as such, if you don’t pay, -or break another rule they are authorized to make by the deed- they can foreclose. legally speaking, you have an interest subject to conditions IIRC.

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