When an HOA Fails to Follow Bylaws: Do Homeowners Still Need to Adhere to Covenants?

Imagine this scenario: everyone on the road is driving faster than the speed limit, yet no one is being pulled over. Does this mean you can get away with speeding? Just because one party is breaking the rules doesn't give you a free pass, and it's a dangerous logic to follow.

Is the HOA's Misconduct an Excuse for Your Own Actions?

Those who use the failure of an HOA to follow its bylaws as an excuse for their own non-compliance are denying themselves and their communities the chance for a better living environment. If the board is not adhering to the bylaws, consider engagement through voting for replacement or moving to a community where regulations are more in line with your values.

It's important to understand that the principle of the severability in contract law applies here. This means that if an HOA fails to follow its bylaws, it does not relieve homeowners from the responsibility to adhere to the covenants. The notion of 'two wrongs make a right' is not a valid legal defense. Homeowners should be proactive in addressing these issues and ensuring that the board follows the rules to which they all agreed.

Steps to Take if an HOA is Misconducting

First, it's crucial to gather evidence of the board's misconduct. If other neighbors have similar concerns, voice your collective frustration at the next board meeting. Additionally, seeking legal advice from a lawyer specializing in HOA disputes can provide clarity on your rights and potential actions.

Even if you feel the current board is not fulfilling its duties, prepare for the next election. By running for the board, you can help implement the necessary changes and uphold the bylaws. Remember, change can be challenging, as those in power often resist letting go of their authority. However, by forming alliances and staying informed, you can create positive change in your community.

Consequences of Non-Compliance and Legal Accountability

Technically, homeowners are required to follow the covenants, even if the board is not following the bylaws. Ignoring the covenants can result in legal consequences and fines. This is because the covenants are accepted as legally binding contracts between the homeowner and the HOA.

While calling out the board's misconduct and demanding change is essential, it's equally important to be prepared for the long haul. Engaging in legal action, which can be expensive, should be a last resort. However, it is a necessary step if all other efforts to rectify the situation fail. Legal intervention can ensure that the community adheres to the established rules and maintains the integrity of the covenants.

As a general principle, staying informed, actively participating in HOA meetings, and voicing your concerns can help ensure that both the board and homeowners adhere to the bylaws and covenants. This proactive approach can lead to a more harmonious and legally compliant community, benefiting all residents.