#Soutfield hoa covenant free#

If a rule is reasonable the association can adopt it if not, it cannot.” On the contrary, we believe the test is reasonableness. “Certainly, association is not at liberty to adopt arbitrary or capricious rules bearing no relationship to the health, happiness and enjoyment of life of the various unit owners.

#Soutfield hoa covenant free#

Otherwise, if any doubt or uncertainty exists, the covenants will be strictly construed against restrictions and in favor of the free use of property.Īn association can adopt rules and regulations, only if they are both (i) explicitly authorized by the covenants, and (ii) not arbitrary and capricious. When its language is clear, it means what it says. The association’s declaration of covenants is a contract between all members of the association. In addition, every member of the association in good standing is generally entitled to review and copy documents of the association upon written request. Every purchaser of a home in an association is entitled to a disclosure packet which contains the declaration and by-laws, when the unit is sold. The basic rights and responsibilities of every homeowner and their property owners’ association can be found in its declaration of covenants and by-laws. In Virginia courts, “the general rule” is that restrictive covenants “are not favored, and the burden is on who would enforce such covenants to establish that the activity objected to is within their terms.” Sainani v. Historically, Virginia law has always had a “highly skeptical view of restrictions” burdening land and that limited the free use of property.

But it is important to remember that under Virginia law, community associations are NOT governments - rather, they are private entities which have limited powers derived from their covenants, which constitute a contract, and which are narrowly construed in Virginia courts in favor of the free use and enjoyment of property. In many associations, the board of directors or architectural committee may appear to owners to exercise quasi-governmental powers - to issue fines and punishments.

In recent years, property owners’ associations in Virginia (commonly called “homeowners’ associations” or “HOAs”) and condominium associations have come to wield significant powers to adopt rules, enforce them, and even penalize members for violating these rules.