Interpreting Association Documents
QUESTION: How much leeway is given an HOA board when interpreting very vague wording in their existing covenants. For example, if the covenants say that yards must be kept in a "neat and tidy manner" with no additional explanation anywhere in the remaining covenants, how specific can requests to homeowners be when the covenant is so loosely open to interpretation? Can HOA boards then define "neat and tidy manner" to include an absence of all toys, or stipulate a maximum height of grass (within reason) or approve/not approve the color of deck? On whose side does the law generally rule- HOA or homeowner? RESPONSE: You are right that "neat and tidy" is somewhat ambiguous as to its directive to "keep it clean". Ambiguity in restrictions or rules generally goes in favor of the homeowner in that the courts have generally ruled that if a restriction on the use of real estate is not clear, then the law should, as it has for centuries, default to the free use of one's property. The association board can attempt to create reasonable rules giving more detail to the covenant, but should be cautioned not to go too far in its attempt to regulate. The concepts of regulating the height of grass or the colors of paint or stain would not fall under "net and tidy", as opposed to "no toys in the front yard when not in use." Mike Inman