Homeowner’s Association

[Gschimma]

In July I became the 12th owner of a 13 house 55+ community that has existed for less than 2 years. Apparently rules and regulations are being worked on but as of now there are none. I asked the realtor if there were any rules and she no. I specifically asked verbally about a portable basketball hoop. After moving in I asked if the HOA president if there were any rules or regulations. He said no. Didn’t mention that anything was in the works, I don’t believe. I’m coming out of a divorce and have 12 and 14 year old sons part-time, something that the community was aware of. I spent $2300 on a portable basketball hoop about 3 months ago and just now had the time to start to put it together. One of the 3 current board members came over today to inform me that the hoop is against the rules. I explained that I was unaware of any rules and had asked the realtor and hoa president if there were any. I did not ask the HOA president specifically abour the hoop. Interestingly, the HOA president just called and told me that that board member who came over acted out of line and that the other 2 board members are ok with the basketball hoop, as long as no one is playing on it late at night. Have yet to speak directly to my next door neighbor.

I live in maine. My questions: can the HOA enforce rules and regulations retroactively? And how are HOA rules enforced or rather, how ate violations managed?

 

[adjusterjack]

Obviously, they CAN do what they WILL do.

You took a big risk buying into an HOA with no written rules. "I was told" is the most dangerous phrase in the English.

If they come up with written rules that prohibit the hoop, they can fine you per day until you get rid of it, or they put a lien on your house.

Your recourse any time somebody wrongs you is litigation.

I suggest you become a board member if you can. Or, at least, make sure you attend all board meetings. And make friends with the President, who appears to have some common sense.

Seriously, there isn't much advice that worth anything with "what if" situations.

 

[Gschimma]

thanks for your response. Yup, ‘I was told.’ It was a pressured purchase…divorce. Sucks. As I mentioned the current HOA president called me after the board member that came over to talk to me sent an email to me, a neighbor and the other 2 board members. He apoligized for the other board members action. He says he overstepped. Apparently my next door neighbor talked to the board member who came over, her other neighbor and friend. The president told me that he has no problem with the basketball hoop…also says that their (our) rules and regulations are being worked on with a lawyer. He felt the lawyer would agree that they can’t make me take it down. I’ll talk to my neighbor, a little surprised she didn’t talk to me directly but I guess that’s way society is now…or maybe always has been. Regardless, I understand that I need to get something in writing.

 

[Foamback]

Were there CC&R’s attached to your title? Are there even any Covenants, Conditions and Restrictions? That is the document that all authority in a HOA is based. Two thoughts come to mind:

1) most states require that the seller disclose and attach the CC&R to title. If not, you may have an action against the seller or their agents

2) that there isn’t a formal HOA and you have a group acting as such by fiat, with all the authority that Eric “respect my a-thor-a-tie” Cartman had. Stranger things have happened.

 

[Gschimma]

No CC&R. New HOA. I think the first of 13 houses was purchased less than 2 years ago. I purchased the 2nd to last home. I certainly don’t how it all works. It is a 55+ community. Not exactly sure why a builder would designate the group of houses as such…a tax break? Perhaps to get the project through city zoning? Small community in maine. On a private road but reportedly the community is talking to the local government about becoming public so that the road would be maintained by the town. Nothing else in writing other than the $200 monthly fee. Lawn care has been provided and snow removal is supposed to happen this winter. We all have lawn sprinkler systems and waste systems managed by respective companies. A draft of the bylaws was emailed to me today. Currently there are 3 volunteer board members and other neighbors are involved in committees. It seems to be a legit HOA, just in infancy.

 

[quincy]

For your reading enjoyment, following is a link to the 78-page Maine Nonprofit Corporation Act under which HOAs in Maine are regulated:

https://legislature.maine.gov/statutes/13-b/title13-B.pdf

 

[Foamback]

Dead link

 

[quincy]

Dead link

Thanks. I fixed it.

 

[Foamback]

Here’s some more

https://legislature.maine.gov/statutes/33/title33ch31sec0.html

 

[quincy]

Here’s some more

https://legislature.maine.gov/statutes/33/title33ch31sec0.html

That is Maine’s Condominium Act. Gschimma said s/he purchased a house.

 

[Foamback]

Many states lump HOA ‘s into their condo acts. A quick googling and looking at the law seems like that is probably the case here.

The individual CC&R’s will deal with what are common areas, ownerships of the structures, etc.

 

[quincy]

Many states lump HOA ‘s into their condo acts. A quick googling and looking at the law seems like that is probably the case here.

The individual CC&R’s will deal with what are common areas, ownerships of the structures, etc.

Actually, I don’t believe that is the case in Maine.

The Condominium Act relates to the creation and management of condominiums. Condominiums are also regulated by the Nonprofit Corporation Act, however, which regulate HOAs.

 

[Gschimma]

anything in particular I should note?

 

[Foamback]

Actually, I don’t believe that is the case in Maine.

The Condominium Act relates to the creation and management of condominiums. Condominiums are also regulated by the Nonprofit Corporation Act, however, which regulate HOAs.

I think you’re leaning too hard into the casual American use of the word condominium to denote a building with titled ownership of the individual apartment-like units, and the associated shared common areas and elements.

That is different than the more formal usage which refers to shared ownership and/or governance.When the American Pacific states excluding Hawaii, and BC and their tribal and first nation partners speak of entering a salmon management condominium, they aren’t speaking of fish homes.

“Condominium: (North American)
1) A building, or a complex of buildings contains a number of individually owned apartments or houses-

- each of the individual apartments or houses in a condominium complex

- the system of ownership by which condominiums operate, in which the owners have full title to the individual apartment or house and an undivided interest in the shared parts of the property

2) The joint control of a country’s or territory’s affairs by other countries"

Source: New Oxford American Dictionary

The other issue with saying that the controlling law is the Maine Non Profit Corporation statute is what happens if the HOA is neither incorporated and/or not a non-profit? The Non profit laws only deal with corporate governance, not with HOA, COA, or other property owner association specific issues such as utilities, declarant control, shared structures etc.

 

[quincy]

anything in particular I should note?

The main thing you should note is that you purchased a house in an HOA with currently unknown rules and regulations. You won’t know whether you can keep the basketball hoop until you learn whether hoops are permitted. It doesn’t appear that there is much for you to do until you know more.