Can my HOA legally do this?

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Can my HOA legally do this?

We have a project that requires a crew to enter each unit. Our HOA has stated,

Asked on May 8, 2018 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If  as you indicate, the by-laws define how they may access, when, on what notice, and also when you would have to pay, then they have to follow those rules: the HOA only has the legal authority granted them by the by-laws and other documents establishing the HOA and governing your community. If they violate those rules, you could sue them for damage done or costs imposed on you, or if they try to charge you amounts they are not entitled to, you should have a good defense in court. HOA's do not have unlimited power; they only have the power given to them and have to follow the by-laws, etc. the same way that you do.


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