Can my HOA restrict owner/builders or general contractors?

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Can my HOA restrict owner/builders or general contractors?

My HOA recently adopted a “no owner/builder and only approved general contractors” guideline in their architectural review process. If the GC is licensed in the state, can’t I hire who I want or even owner/build if I fill out the proper paperwork?

Asked on January 6, 2016 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the new policy was properly adopted by them, pursuant to the documents creating the HOA and the powers given them, then yes, they can do this. As long as it's within the scope of the authority granted an HOA and is done properly (by the rules), an HOA may restrict owners in any number of ways that seem arbitrary, unnecessary, or unfair.


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