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Subject: Village laws
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Author Messages
ElyseS
(Florida)

Posts:6


05/22/2020 2:00 PM  
Is a HOA responsible for enforcing village laws that are not specific to the bylaws of the community?
BillH10
(Texas)

Posts:495


05/22/2020 2:22 PM  
Could you expand on your question? There is not enough background to understand the context of the question.

What are 'village laws'?

What is the relationship between the village and the HOA?

Why would the village not enforce its own laws?

How would the bylaws of the association interface with the village laws?

Can you provide one or more examples?

JohnC46
(South Carolina)

Posts:9461


05/22/2020 2:25 PM  
Me thinks chickens are involved.
ElyseS
(Florida)

Posts:6


05/22/2020 2:30 PM  
I live in a HOA inside a city or village. The village has rules about the number of trees on a property, modifications to a home and general things that the city/village enforced weather it is inside a hoa or not. Our HOA has its own rules that are specific to our community but are often not specified in our bylaws. For example if a city/village requires a property to have a specific number of trees on the property but the HOA documents do not specify the number of trees is the HOA obligated to enforce it?
JohnC46
(South Carolina)

Posts:9461


05/22/2020 2:32 PM  
Posted By ElyseS on 05/22/2020 2:30 PM
I live in a HOA inside a city or village. The village has rules about the number of trees on a property, modifications to a home and general things that the city/village enforced weather it is inside a hoa or not. Our HOA has its own rules that are specific to our community but are often not specified in our bylaws. For example if a city/village requires a property to have a specific number of trees on the property but the HOA documents do not specify the number of trees is the HOA obligated to enforce it?




The HOA is not obliged to. If an issue, call the city.
ElyseS
(Florida)

Posts:6


05/22/2020 2:35 PM  
That was my thought however some of the board members see it differently as if the village/city is a guide for us to follow. I say it is between the homeowner and the city.
BillH10
(Texas)

Posts:495


05/22/2020 2:42 PM  
I agree with JohnC46 regarding calling the city/village. The HOA should tend to its own knitting. The association is not empowered to enforce anything not included in its documents.

Call the village code compliance office or whatever organization performs that function if a property is not in compliance with village laws/rules.
AugustinD


Posts:3364


05/22/2020 5:02 PM  
Posted By ElyseS on 05/22/2020 2:35 PM
That was my thought however some of the board members see it differently as if the village/city is a guide for us to follow. I say it is between the homeowner and the city.
To be thorough, and as needed: I see nothing wrong with the HOA contacting the city about a violation of a city ordinance.
ElyseS
(Florida)

Posts:6


05/22/2020 7:24 PM  
Thank you for the responses. Any “real” problem can be addressed by a phone call to the village/city or a property owner can make the call
BenA2
(Texas)

Posts:707


05/23/2020 8:34 PM  
Not only are they not obligated to enforce laws they have no authority. I think you would just be asking people to defy you.
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