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S/O Rules - edit in red for clarity

Posted by on Feb. 27, 2013 at 11:01 AM
  • 24 Replies
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As a spin off of the condo post.  If an apartment, condo, HOA makes a rule that violates state and/or Federal law does it matter if it was in place before you moved in or wanted to live there?  Should you just suck it up and follow the rules that violate the laws because they were there before you moved in?  

This is not specifically about the other case but rather general rules that may violate the laws.  They could be discriminatory rules,  violations of use, or a refusal to fix things covered by landlord/tenant laws, or even a requirement that a tenant pay a utility that the law specifically outlines as being the responsibility of the landlord.  


by on Feb. 27, 2013 at 11:01 AM
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Replies (1-10):
stormcris
by Christy on Feb. 27, 2013 at 3:09 PM
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The law is what must be followed. They cannot create rules that go against the law. 

Here are some examples just for reference:

http://www.neighborhuddle.com/articles/condo-association-hoa-three-unenforceable-rules.php

pamelax3
by Gold Member on Feb. 27, 2013 at 3:38 PM

IMO if the rules were in place when you went to live there than that is what you should follow

greenie63
by Silver Member on Feb. 27, 2013 at 3:47 PM

State or federal law would supersede any HOA rules. 

EireLass
by Ruby Member on Feb. 27, 2013 at 5:06 PM

I am the majority owner in a condo complex. Your post doesn't make sense. How do they have laws that are in violation of state & federal law?

jllcali
by Jane on Feb. 27, 2013 at 5:13 PM
Federal law supersedes other laws and bylaws.
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katy_kay08
by on Feb. 27, 2013 at 9:26 PM

I gave a few areas where they may make rules that are in violation of state and/or Federal laws in the OP.  

Quoting EireLass:

I am the majority owner in a condo complex. Your post doesn't make sense. How do they have laws that are in violation of state & federal law?


EireLass
by Ruby Member on Feb. 27, 2013 at 9:40 PM

I know. I said how can they have laws (rules) that are in violation of state/federal law? You can't do that. Condo docs are in place for a reason. They protect the condo associate as well as the individual owners. Landlord laws are different than condo association laws. Condo associations can not discriminate to who they sell to. A landlord can be discriminate on who they rent to. As far as fixing things, typically the condo is responsible for walls out. If an appliance breaks, that's not the condo's problem. If the roof leaks, that is the condo's problem. Same with utilities.

 Quoting katy_kay08:

I gave a few areas where they may make rules that are in violation of state and/or Federal laws in the OP. 

Quoting EireLass:

I am the majority owner in a condo complex. Your post doesn't make sense. How do they have laws that are in violation of state & federal law?


lga1965
by on Feb. 27, 2013 at 10:15 PM

 I thought we were discussing condos that are owned, as are townhomes  which are owned,. The HOA is a feature of owned townhomes and condos.

If its a rental unit, then of course you have no control over what you do with your individual unit because it doesn't belong to you.

katy_kay08
by on Feb. 27, 2013 at 10:51 PM
1 mom liked this

this question is about rules a landlord or condo board/HOA may make that violate laws in place. 

It's not about putting up flags, or hanging up flower baskets, but rather the mentality of "you live with the rules" regardless of whether the rules are even legal.  

 I find it odd that people cannot change gears and deal with the new questions.  

Quoting lga1965:

 I thought we were discussing condos that are owned, as are townhomes  which are owned,. The HOA is a feature of owned townhomes and condos.

If its a rental unit, then of course you have no control over what you do with your individual unit because it doesn't belong to you.


katy_kay08
by on Feb. 27, 2013 at 10:55 PM

While you "can't do it" in the sense that if you get caught you have to change your rules but that doesn't mean that some don't do it and bet on no one ever challenging the legality of those rules.  

Should people just "live with it" if they come to learn that the rules violate the laws?   



Quoting EireLass:

I know. I said how can they have laws (rules) that are in violation of state/federal law? You can't do that. Condo docs are in place for a reason. They protect the condo associate as well as the individual owners. Landlord laws are different than condo association laws. Condo associations can not discriminate to who they sell to. A landlord can be discriminate on who they rent to. As far as fixing things, typically the condo is responsible for walls out. If an appliance breaks, that's not the condo's problem. If the roof leaks, that is the condo's problem. Same with utilities.

 Quoting katy_kay08:

I gave a few areas where they may make rules that are in violation of state and/or Federal laws in the OP. 

Quoting EireLass:

I am the majority owner in a condo complex. Your post doesn't make sense. How do they have laws that are in violation of state & federal law?



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