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Normally, the housing association board consists of members that are elected by the residents. The board is mainly responsible to create rules and regulations that would not only provide a safe and decent living environment by improving the quality of resident’s life but also maintain the value of their property inside the housing premises. In short, these regulations are framed in the best interests of the residents. However, if there is any dispute between the property owner and the association, then it may lead to filing lawsuits. Below are answers to few of the more common legal questions about housing rules: My landlord has leased out a townhouse in an association where renting is not allowed. When I rented that house I was not aware of the lease rule. Now there have been newsletters circulated in the community about me by the board members. However, when I wanted to get a copy of it, I was refused to have it. In such a scenario, is it possible to file a case against them for defamation and seek compensation for that?
In a case like this, you would first need to know what is exactly written in that newsletter. You would have to find out if there is something written against you in that letter that can be considered offensive. It’s only then that you can file a case against the association charging them for defamation. However, in your case, since the board is not sharing the newsletter with you, you could ask your landlord to acquire a copy of that letter and give it to you. Additionally, you could sue them and subpoena the records. However, if the complaints that were made against you to the board are found to be genuine, then in that case, no defamation charge can be pressed against the association. This is because it may happen that whatever they have said or complained against the owner might be true, their accusations might be genuine. Moreover, as far as claiming defamation is concerned, truth is always an absolute defense. Thus, until and unless there has been a demonstration of an extreme and/or disgraceful behavior by the board that is considered completely unbearable by a civilized society, you do not have any legal right to file a case of defamation against them. If the association has amended the bylaws to make contribution non-obligatory, can it make them obligatory?
Usually, if the board of the association has made amendments in the bylaws stating that the contributions are no longer obligatory to the residents, then that law would be applicable to all the residents living in that community. However, it is important that you verify for whom those amendments have been made. If they are made only for the new occupants, then the residents who have been living there from earlier would have to keep paying the contributions. Generally, all the amendments that the board members make are within its legal rights. How much can I be charged by the association for having my basketball hoop left out within view?
Usually, every housing association has the right to frame its own bylaws and rules regarding matters that are related to issues specific to that association. Therefore, in that kind of a scenario, it is most likely that the rules related to the internal matters would differ between different associations. Similarly, in this case, the rules and regulations regarding the amount of money you would be charged for leaving your basketball hoop out would also vary. The only way you can know about this is by going through all the controlling documents that contains the specific rules. The HA agreement is a legal contract that is made between the association and the residents in which no state law has the right to interfere. In other words, the by-laws of the association are independent of any state law. However, in case of a dispute, the terms and conditions of the contract that have been laid down by the association are liable to interpretation. Usually, the rules and regulations are created for the welfare of the residents and are administered by its members. However, many times these by-laws can be difficult to understand. Therefore, it is always very essential for the residents to have a comprehensive understanding of these laws for which they might need the help of a professional. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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