ANSWERS: 3
  • NOT a lawyer, but an HOA would not be in violation if its rules were MORE strict than state law. However, the other way around would not be applicable.
  • An HOA cannot supersede any law, but they can make it an HOA violation to have an inoperable vehicle parked for more than 10 days. The HOA is a voluntary association that you chose to become a part of. Both rules are mutually exclusive. Thus, since you have agreed to be bound by the HOA, and the HOA does not allow in inoperable vehicle to sit for more than 10 days, you would be violating the CC&R's if your car is left for more than 10 days. However, you have not violated the state/city law until after 30 days.
  • I believe another perspective is: SHOULD an HOA have the power to create and enforce rules that are counter to or against city and state law? My answer: absolutely not. HOAs, with many Board members who have their own agendas and force their tastes and whims on homeowners, SHOULD not have the power that has been given to them as HOAs. Because of the power given to HOAs, basic citizen rights are being trampled on in some communities. I even go as far to say the dictatorial nature of some HOAs is blatantly antidemocratic and un-American regarding the behavior changes that the HOAs are forcing upon citizens. Many HOAs have gone way beyond the original intent to have pleasant looking neighborhoods and the enforcement of reasonably mature behavior. Some HOAs are ripping off the privacy rights homeowners have and this rip off has got to stop.

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