Can a homeowners association discriminate against you by changing the by laws through majority vote?

Answer 1

Read your governing documents, which include your CC&Rs, the By-Laws, any amendments and resolutions passed by the board.

Your right to vote may be conditioned upon your behaviour, including paying your assessments or settling violations issues. Your governing documents must be specific about the situations that must be present in order to deny you your right to vote.

Answer 2

Unbelievably NO. Although some 50 million Americans live in HOAs and other CIDs in this country (common interest developments), these private organizations do not provide the constitutional protections that citizens are entitled to "beyond the gates". Your "privilege" to vote can be rescinded at will by an HOA board, often by making an accusation that you are somehow "in violation" of a regulation, real or imagined. Due process, fair procedure, presumption of innocence and equal protection under the law are all Fairy Tales in CID land, and will remain that way for quite some time...why? The Community Associations Institute (which does not represent a single community association, but instead is comprised of HOA lawyers and property managers) is a national lobbying organization, with 57 chapters across the country. They work to ensure that NO laws are passed that mandate State oversight or constraints on HOA and Condo board powers. 40 BILLION dollars are collected by HOA and Condo boards annually, and the service providers know that much of it will flow directly into their pockets. The more conflict the better as far as lawyers are concerned. If your HOA has taken your vote, their lawyer is hoping you sue. Win lose or draw he will make a fortune at your expense. My advice is to get out and never even consider buying into an HOA again. Pulte homes(a large homebuilder) recently did a survey and found that people under 50 want nothing to do with these banana republic situations. Ultimately the market will extinguish this disgusting assault upon the Constitution, in the meantime the lawyers and power sick board members will continue to spit on our true "governing documents".

Answer 3

Read your governing documents to determine when and how a member can be denied a vote.

The mix of housing types does not usually affect a right to vote; it may affect the weight of a vote.

Amending your governing documents means gaining the agreement for a vote to amend, complete with a review and discussion of the amending language and its impact on the membership -- one way or the other -- by a certain percentage: by-laws usually require a lower voting margin to amend than the CC&Rs.

Answer 4

In this context, "discriminate" is a strong word with specific legal implications.

If you are a member of a minority and federal or state laws protect your 'class', no amount of word-smithing by a board can overturn your protection.

If, however, by discrimination you simply mean that you are the only person of a certain age, are the only person who drives a purple car, the only person who uses garlic extensively in your cooking, then the board may be able to craft language that targets you specifically.

Note that when the language is 'unreasonable', you may have a legal defense against the board who chooses to pursue you under its newly crafted language.

Your question is best answered by a local, common-interest-community savvy attorney who represents owners.

Answer 5

If you purchase property that is subject to a home owner's association you are bound by all the rules and regulations, assessments and requirements of the association.

Membership cannot be denied to any lot or unit owner if their property is subject to membership in the association.

If you purchase property that is subject to a home owner's association you are bound by all the rules and regulations, assessments and requirements of the association.

Membership cannot be denied to any lot or unit owner if their property is subject to membership in the association.

If you purchase property that is subject to a home owner's association you are bound by all the rules and regulations, assessments and requirements of the association.

Membership cannot be denied to any lot or unit owner if their property is subject to membership in the association.

If you purchase property that is subject to a home owner's association you are bound by all the rules and regulations, assessments and requirements of the association.

Membership cannot be denied to any lot or unit owner if their property is subject to membership in the association.

Answer 6

If you purchase property that is subject to a home owner's association you are bound by all the rules and regulations, assessments and requirements of the association.

Membership cannot be denied to any lot or unit owner if their property is subject to membership in the association.

Answer 7

Read your governing documents to determine the basis upon which your association may or may not be authorized to suspend owners' voting rights.