JesseC1
(North Carolina)
Posts:2
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| 01/05/2021 6:39 PM |
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do HOA rules supersede state law?
im in SC..HOA dont allow golf carts, but someone is trying to get a LSV which is a state registered vehicle that looks just like a golf cart but has to be registered and insured, and is DOT approved as a street legal vehicle |
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AugustinD
Posts:4844
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| 01/05/2021 9:12 PM |
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Posted By JesseC1 on 01/05/2021 6:39 PM
do HOA rules supersede state law? I think this is the wrong question to ask.
im in SC..HOA dont allow golf carts, but someone is trying to get a LSV which is a state registered vehicle that looks just like a golf cart but has to be registered and insured, and is DOT approved as a street legal vehicle Please quote verbatim the covenant that prohibits golf carts.
Whether the Association may prohibit the LSV may depend on the wording of the covenant.
Can you tell what the purpose of the covenants' prohibition on golf carts is?
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JesseC1
(North Carolina)
Posts:2
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| 01/05/2021 9:48 PM |
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| the board has voted no to golf carts in past, only reason i have been giving is parking |
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SheliaH
(Indiana)
Posts:3670
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| 01/06/2021 4:47 AM |
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Are you "someone?" If so, this question should have been asked before buying this thing.
In some states, HOA covenants can be tougher than state law, depending on the topic. The effective date of the law may also play a role - some only apply to HOAs created after a certain date, but older HOAs can proceed as they have been.
Your best bet is to consult a private attorney if you have legal questions - most of us aren't attorneys and what's true in my state may or may not be addressed in yours. |
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CathyA3
(Ohio)
Posts:1490
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| 01/06/2021 5:42 AM |
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In general, state law supersedes HOA law, but there are a number of exceptions so you can't assume.
HOAs may have more restrictive rules than the surrounding area. For example, the HOA may prohibit on-street parking (they own the streets) while the local municipality allows on-street parking. So just because the state allows something doesn't mean you're in the clear. |
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AugustinD
Posts:4844
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| 01/06/2021 6:42 AM |
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Posted By JesseC1 on 01/05/2021 9:48 PM
the board has voted no to golf carts in past, only reason i have been giving is parking Whoa. The Board does not get to amend the covenants. The importance of this cannot be understated.
The Board has the power to make reasonable rules that have a specific basis in the covenants.
Nationwide the courts treat covenants as contractual terms. The contract is between the HOA corporation and its members/shareholders. A board cannot go around willy-nilly changing the contractual terms.
Please quote the covenant that, supposedly, is the basis for any rule the Board may have created on the subject of golf carts.
Too many new folks come here thinking that a Board can do anything it wants. Not so. The covenants and statute determine what a board's powers are.
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TimB4
(Virginia)
Posts:17182
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| 01/06/2021 2:35 PM |
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It sounds like the member found a loop hole.
There are differences (but not many) between a golf cart and a low speed vehicle (LSV).
If the Association didn't define what a golf cart is, then you will need to go with the definition the State/County/City has.
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LetA
(Nevada)
Posts:1070
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| 01/07/2021 6:27 AM |
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Posted By JesseC1 on 01/05/2021 6:39 PM
do HOA rules supersede state law?
im in SC..HOA dont allow golf carts, but someone is trying to get a LSV which is a state registered vehicle that looks just like a golf cart but has to be registered and insured, and is DOT approved as a street legal vehicle
If it is street legal, licensed. registered, and insured; you don't have a leg to stand on to enforce anything. |
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GeorgeS21
(Florida)
Posts:3605
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| 01/07/2021 10:20 AM |
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OK, so if the HOA has public roads, and does not have CCR based restrictions on golf carts (ie deeded), then I think the determination is simply one that relates to the state or country road requirements.
Ex: Florida allows LSVs (there are actually quite a few differences, but most inexpensive to implement - and relate to lighting, seatbelts, etc), but has restrictions based on where they are used, what the speed limits are, and whether roads have to be crossed that have higher speed limits. |
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JohnC46
(South Carolina)
Posts:10372
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| 01/07/2021 12:58 PM |
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| It appears to me that the vehicle owner found a "loophole" in the BOD Rule. |
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MarshallT
(New York)
Posts:126
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| 01/11/2021 6:17 AM |
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Unfortunately there is no easy yes or no answer for this question.
In many cases, the HOA can create enforceable rules that are more limiting than those created by the state. In this case, it sounds like the owner could potentially bring this vehicle into the HOA unless the CC&Rs are very clear about LSVs.
My advice would be to consult with an attorney. |
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GeorgeS21
(Florida)
Posts:3605
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| 01/11/2021 9:48 AM |
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Am I correct in assuming this is a condo, vice HOA, due to the Board ruling based on parking?
I gotta tell ya, I don't think an attorney is needed.
I would carefully read my docs carefully, I would call the county or city to make sure I understood their understanding of state law, and local ordinances, and then, assuming I had to clear reason to listen to the COA, I would rent an LSV and start using it in the community.
Now, if the roads are private, and or, the Board can actually restrict a legally registered motor vehicle in the parking garage, structure, site, then it would affect my actions.
If this is an HOA, vice COA, it would make it even simpler. |
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