Limits To Powers
FINES: The Supreme Courts of two States, Virginia and Rhode Island have ruled that an HOAs power to fine residents is an unconstitutional delegation of police and judicial power.
Prior to the Telecommunications Act of 1996, HOAs could restrict or prohibit satellite dishes. Many communities still have these rules in their CC&Rs, but after October 1996, they are no longer enforceable. With a few exceptions, any homeowner may install a satellite dish of a size of one meter or smaller in diameter (larger dishes are protected in Alaska). While HOAs may encourage that dishes be placed as inconspicuously as possible, the dish must be allowed to be placed where it may receive a usable signal. Additionally, many HOAs have restrictive covenants prohibiting a homeowner from installing an OTA (Over-The-Air) rooftop antenna. These restrictions are also no longer enforceable, except in some instances. For example: the antenna may be installed at any location unless it imposes upon common property. Also, the antenna must be of a design to receive local, not long-distance signals and must not extend any higher than twelve feet above the top roof-line of the home, unless an exception is granted by the HOA due to extenuating terrestrial interference.
In Florida, state law prevents covenants and deed restrictions from prohibiting "Florida-Friendly Landscaping," a type of xeriscaping. In spite of the law, at least one homeowner has faced harassment and threat of fines from a homeowners' group for having insufficient grass after landscaping his yard to reduce water usage. Similar legislation was introduced and passed by the legislature in Colorado but was vetoed by governor Bill Owens. Residents in Colorado have continued to call for regulation to protect xeriscaping, citing homeowners' associations that require the use of grasses that consume large quantities of water and threaten fines for those who do not comply with the covenants.
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Famous quotes containing the words limits and/or powers:
“As nature requires whirlwinds and cyclones to release its excessive force in a violent revolt against its own existence, so the spirit requires a demonic human being from time to time whose excessive strength rebels against the community of thought and the monotony of morality ... only by looking at those beyond its limits does humanity come to know its own utmost limits.”
—Stefan Zweig (18811942)
“However much we may differ in the choice of the measures which should guide the administration of the government, there can be but little doubt in the minds of those who are really friendly to the republican features of our system that one of its most important securities consists in the separation of the legislative and executive powers at the same time that each is acknowledged to be supreme, in the will of the people constitutionally expressed.”
—Andrew Jackson (1767–1845)