We’ve all heard of or might have even experienced a situation in which a homeowners association enforces its rules with one resident and not another leaving the homeowner with few options. Mandeville Representative Paul Hollis is filing legislation setting limits on an HOA’s authority.
“Give absolute protections to homeowners and property owners because I think HOAs have over time have done a lot to mitigate property rights and I think property rights are very important,” said Hollis.
St. Tammany Parish, which is in Hollis’ district, has one of the highest per-capita rates of residents living within an HOA-managed community in the state. Hollis found himself in a situation with his HOA when he wanted to erect a privacy fence to protect his children from a neighbor’s webcam.
Hollis said he’s heard numerous stories from residents in his district that felt their legitimate concerns were ignored by an HOA and yet other less serious infractions were enforced. Hollis acknowledges the bill can’t remedy every situation with an HOA…
“But when it comes to protecting that, that’s most important to you, and I can think of your property and most importantly the protection of your family, and these are constitutional rights,” said Hollis.
And while Hollis acknowledges not all HOAs covenants are bad some associations practice selective enforcement. Hollis said his bill would restrict an HOA from the overreach of taking away your right to protect your property and family.
“So, if they want to fine you for doing what a reasonable person would do to protect their family and their property, the courts would side with that family and would not yield fines to that particular family,” said Hollis.
Hollis said it’s also likely that he will file a companion bill that affords property owners the ability to opt-out of existing HOAs.
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