Can a Homeoners Association Change the Rules After I've Lived Here for Years?
Full Question:
Answer:
The terms of the declaration, restrictive covenants, and bylaws of the condo association will generally determine your rights and obligations. The answer will depend on whether proper notice, voting, etc. procedures were folllowed in amending the bylaws/covenants. We suggest you read the terms of the governing documents carefully for applicable procedures to be followed in amending the rules. All homeowner associations are subject in some way to the rule of due process. Due process analysis typically applies where the action taken has allegedly deprived an individual of a right affecting life, liberty or property without adequate and appropriate legal process and procedures. There is a distinction between a right and a privilege. Due process issues typically arise in the context of a homeowners association when the property owner is facing a fine or other penalty or the association isn't following the procedures and rules outlined in its bylaws
In some court decisions, the following test has been used in order to determine whether or not the action of the association meets the basic legal requirements of reasonable due process:
1. Is the action taken or proposed clearly within or reasonably related to the purposes of the association?
2. Is the action clearly within or reasonably related to the association's powers?
3. Is the action taken reasonable with respect to its application and the scope of its application?
4. Has the association acted with reasonable due process in carrying out the action?
See also:
http://cooperator.com/articles/1815/1/QampA-Washing-Machine-Woes/Page1.html
