May I suggest you check with a sympathetic real estate agent (or maybe an attorney) to find out exactly what your State's law provides. In GA, a homeowner is only bound by the covenants signed at the closing. If the HOA changes the rules, you are not obligated to sign the new version. If you do not sign the new version, you are still bound by the old version that was signed at closing. In effect, the old covenants apply until you sell your house. Your State may vary so ask someone who knows. Then you still have to convince your architectural committee to let you build it.
Lou
That would be correct. The covenants run with the land and govern the use of the land, and cannot be changed without the consent of the owner of the property. The covenants, in the case of a PUD, or Planned Urban Development, tie the individual properties to the HOA, depending on how they are worded. The corporate by-laws of the non-profit corp HOA are for the purpose of governing the operation of the corporation and should not, and in some cases, cannot be used to impose restrictions on property owners use of their land. The two are separate and distinct.
Also in Georgia, covenants drafted and filed under the 1995 law I cited in another thread, expire after 20 years. They can be renewed between the 18th and 20th years, but if not renewed, they expire and would require the consent of the property owner to be re implemented. It is questionable if covenants filed on property prior to the 1995 law also expire after 20 years, as it hasn't been tested in court yet. Just to be on the safe side, my neighborhood and HOA drafted new covenants and everyone signed on, so that we were in compliance with the 1995 law.
Edit: Link to the thread in the Free Parking forum (non-searchable) where I posted the entire text of the Georgia Law pertaining to HOA's (except condos, they have a very similar but different law).
http://www.garagejournal.com/forum/showthread.php?t=78249
Charles
