Can a POA or HOA require me to use a particular property management company for my property after I purchased the property?

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Can a POA or HOA require me to use a particular property management company for my property after I purchased the property?

I don’t want to use the property management company they are “requiring” all owners of the buildings to use. It is a separately owned building and there was not a requirement of a particular management company when I bought the building. Seems like this is taking away one of my basic rights of choosing what to do with my property.

Asked on November 1, 2012 under Real Estate Law, Idaho

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

HOA's and POA's regularly encroach on the basic property rights of owners.  If the HOA or POA was a governmental agency, then they would not have the right to impose many of the restrictions that HOA's burden their members with.  HOA rules are binding and enforceable by the HOA.  Their authority is derived from the provisions which created the HOA.  However, many HOA's get to the point where they start to assume more power than was granted in their charter.  Your remedies are controlled by those provisions.  If the HOA provisions did not grant this authority to the extent asserted by the HOA, then they cannot sue sponte award the increased authority to themselves.  Your remedy, if any, will be included in these provisions.  If it does not grant them the authority to require you to use certain vendors, then you need to follow the same provisions for challenging rules.  If they still will not relinquish their authority, then you may need to file a suit to get them back in check. 


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