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Totally correct as far as it goes. The association is usually created by the developer at the time of the platting in order to make the neighborhood more desireable. The rules are recorded against every house and the agreement is in perpetuity (like an easement). In some places, it is for a specific time limit, but automatically renews unless 2/3 or 3/4 of the homeowners vote to disolve the association (which, is the same effect as perpetuity).

When you buy the property, you are shown the records (including the rules) and have to sign that you have seen them. Of course, most people show up for the closing and sign everything that is put before them without reading. If you were to read it and refuse to sign, you would still be bound by the rules. The only thing that would be different is that you could sue the real estate firm for not telling you about it. That would be difficult to prove since it is untrue, though.

Thanks Jim. This summer, we got a letter from our association asking that we remove a window air conditioner. Taking note of the contract, we did find that no window air conditioners were allowed. We complied and replaced the Window AC with a portable one that has a small hose mounted in the window for the exhaust. It does a good job, and no complaints from anyone.

We then decided to take a look around the neighborhood. We noted several "infractions" and sent a letter to the association.

Here's where it gets interesting.

One item mentions that no satellite dishes are allowed, another mentions no flag poles are allowed. OK - fine. We noted several homes that have satellite dishes and one home that had a flag pole (an -no-, I don't have a problem with a flag/flag pole in someones yard). After sending our letter noting these "infractions" we received a response from the association that the flag pole was allowed due to state law and that the satellite dishes were now allowed due to FCC law. A subsequent letter to the association asked that these rules be amended if in fact, they are no longer enforceable. The association responded with basically, it would cost too much to do so. Now - I'm no lawyer, but I seem to rememeber that if one portion of a contract was null and/or void or if one part of the contract was no longer enforceable - the whole contract was void. Interesting, eh?