Who has power in your neighborhood?

LAFAYETTE, Ind. (WLFI) - Residents of Benjamin Crossing in Lafayette recently called for their board members to step down. The question many asked was "How much power do Home Owner Association boards have?"

The answer, according to real estate lawyer Kevin Riley, varies depending on where you live.

Riley said that Home Owner Association (HOA) board members can have varying degrees of power over homeowners. He said that the scope of this power will be written into the bylaws of a neighborhood's declarations or covenants.

"Most HOAs will develop what are called declarations or covenants. That will set out some of the restrictions for that subdivision or area. It can vary in terms of the extent of the restriction," said Riley.

"They have a lot of power and I think they pick and choose who they use it with," said Benjamin Crossing resident Patrick Clifton. "The way I view it is, we own our property. It's ours, and they should let us do with it what we want."

Riley said that most HOA boards will enlist the help of a lawyer to write up their guiding rules. Riley said that often times the first set of board members will be appointed.

Riley said that if homeowners do wish to remove their board members they must look to the bylaws in place. He said that the rules do vary for every neighborhood concerning the removal of HOA board representatives.

Riley said that in the most extreme cases boards have the power to take severe legal action.

"Legal action is possible. A lot of times declarations will state that if a homeowner does not pay an assessment than the association is entitled to file a notice of lien to assess that investment. A lot of times declarations will provide for the association different remedies if a homeowner is not abiding by the covenants," said Riley.

Filing a lien on a property gives the HOA certain rights over that property if the home owner does not pay a debt or fulfill an obligation to the HOA. These rights can include seizure and sale of the property.

Riley stressed that every neighborhood's bylaws will be different. He encouraged homeowners to read and understand their covenants before they sign.