HOA bylaws should be reviewed by a lawer and a goverment office before they should be able to have even a chance of being enforceable. 1. Suggest the rule/law 2. Have a lawyer review it to make sure it dosen't break any REAL laws 3. Vote on it to see if the members agree to it (not just the board, ALL THE MEMBERS) 4. Have the lawyer send the rule change to goverment office for review 5. Once it has been reviewed by all the relevant parties and been given the stamp of "this dosen't conflict with any existing and superseding law" THEN it can be implemented and enforced by the HOA. And in this case, bylaws stating nonesense like "ALL properties in this area are under our authority" should and WOULD be thrown out instantly, ONLY PROPERTIER WHERE THE OWNER HAVE SIGNED THE MEMBERSHIP CONTACT ARE SUBJECT TO HOA BYLAWS. Also the HOA lawyer should be liable for the bylaws legality, so their legal representative has the responsibility on their shoulders soo in case they break the law it's their career. There is a HOA story where the board tried to defend their actions to a judge with "we voted that he is forced to be a member, and we're allowed to do this as per our own bylaws that we decided ourselves" (judge ruled in OPs favor instantly).
HOA bylaws should be reviewed by a lawer and a goverment office before they should be able to have even a chance of being enforceable.
1. Suggest the rule/law
2. Have a lawyer review it to make sure it dosen't break any REAL laws
3. Vote on it to see if the members agree to it (not just the board, ALL THE MEMBERS)
4. Have the lawyer send the rule change to goverment office for review
5. Once it has been reviewed by all the relevant parties and been given the stamp of "this dosen't conflict with any existing and superseding law" THEN it can be implemented and enforced by the HOA.
And in this case, bylaws stating nonesense like "ALL properties in this area are under our authority" should and WOULD be thrown out instantly, ONLY PROPERTIER WHERE THE OWNER HAVE SIGNED THE MEMBERSHIP CONTACT ARE SUBJECT TO HOA BYLAWS.
Also the HOA lawyer should be liable for the bylaws legality, so their legal representative has the responsibility on their shoulders soo in case they break the law it's their career.
There is a HOA story where the board tried to defend their actions to a judge with "we voted that he is forced to be a member, and we're allowed to do this as per our own bylaws that we decided ourselves" (judge ruled in OPs favor instantly).