Asked in Housing Associations
Which prevails an individuals' right to protect property or a homeowners associations rules?
When you purchase property in an association, you agree to abide by the covenants, conditions, regulations and restrictions -- CC&Rs -- established for the association.
The association's responsibility is to protect, maintain and preserve its real estate assets. There may be 'rules' established by the board, which must conform to the CC&Rs, and must be enforced by the association. When the association fails to protect your property, you may be required to protect it yourself.
If you find yourself in a position to protect your property, because the association has failed to protect it, best practices dictate that you establish and confirm the facts involved in your situation and take your evidence to a common interest community-savvy attorney who can help you protect your property.
There is no standard answer to your question.