Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs
The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.
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The Ins and Outs of Solar Panels In HOA Communities
The installation of solar panels often leads to discussions about how the solar panels change the look and character of the neighborhood or that they may cause a decrease in property values for the neighborhood. The legal backdrop that exists also involves a careful balancing of a homeowner’s right to use solar energy and a community’s right to control the aesthetics of a neighborhood. The question then becomes who can decide whether a homeowner can install solar panels in an HOA Community and if so, what are the other enforceable rules that might govern the installation and maintenance of such solar panels.
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A Guide to Architectural Control in Homeowners’ Associations
The ability of a homeowners’ association to regulate certain property details, impose obligations on members, and levy fines is governed by a combination of statutory and case law in the jurisdiction where the association is located and the community's governing documents—including articles of incorporation, bylaws, declarations (also known as CC&Rs—Covenants, Conditions, and Restrictions), and rules and regulations, which contractually bind the homeowner association and its members.
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