Ask a real estate pro: Can HOA fine owner for driveway that isn’t pavers or cement?
Q: My daughter purchased a home in August 2020. The home has an asphalt driveway. She recently received a notice from the HOA that all driveways must be pavers or cement. If not completed by a specific date, they will start fining her. She is a single mom and works as a teacher; such an expense would be a hardship. Would she be tenured under the rules that were in place when she purchased the home? — Arthur
A: The relationship between homeowner associations and their members is based on the underlying community documents. These formative documents are simply contracts that outline the arrangement between the various members of the community. Of course, statutory law limits what these community agreements are allowed to control. Still, the association members are allowed a wide latitude in how they agree to run their community.
Homeowner association rules only control people who have agreed to them by purchasing a property within the association. When your daughter purchased her home, she agreed to live with and comply with the agreements that govern her community. This arrangement works because if someone does not like the rules in a particular community, they do not have to purchase a home there.