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Tina
Tina, Lawyer
Category: Real Estate Law
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Experience:  17 years of legal experience including real estate law.
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I am having a dispute with my HOA over a mailbox I use that

Customer Question

I am having a dispute with my HOA over a mailbox I use that and they say is against covenants. I would like advice on how to proceed or a recommendation for a local lawyer.
D**** K****
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Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 9 months ago.

Welcome and thank you for your question. The CC&Rs are considered a contract between the owners and the board. By purchasing a property that is part of an HOA you agree to their rules. That being said the rules need to serve a legitimate purpose. The Board always has the ability to amend rules that are not beneficial to the owners or the community.

Would it be possible for you to attach the section of the governing documents (covenants) that you are allegedly violating? If you can tell me where in Tennessee you are located I can also provide information on attorneys in your area that provide free consultation.

Expert:  Attyadvisor replied 9 months ago.

These are the laws that govern HOA's in Tennessee

Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements." http://www.hoa-usa.com/statelaws/tn.aspx
Expert:  Attyadvisor replied 9 months ago.

Can you attach the section with regard to mail box requirements?

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