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Read your governing documents to determine whether or not the association has the responsibility or authority to approve leases.

If so, then the owner has the responsibility to present a lease for board review, and the board has a responsibility to review and either approve the lease as is, request changes to it, or deny the lease outright if the lease disagrees with the governing documents.

If a lease is written in clear violation of the governing documents, then the association's board may be able to void the lease and require that the owner either evict the tenant or craft a new lease.

For example, if the covenants preclude operation of a day care facility within the community, and an owner signs a lease with a day care operator who intends to operate a day care center in the community, then the board has the responsibility to void the lease.

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Q: Can a lease not approved by homeowner association covenants be voided legally?
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Do you have to pay homeowner association dues?

Yes. You are legally obligated to pay homeowner association dues. As long as the homeowner's association was part of the public land records when you purchased your property you agreed to be bound by its terms and provisions. You need to review the recorded documents relating to your property.


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Yes. The governing documents establish a 'private democracy' and every owner who purchases a 'unit' within the community agrees to abide by them. It's the responsibility of the board to enforce the covenants with warning letters, even fines. It is the responsibility of the owner to 'follow the rules'. In a court of law, the governing documents and its processes will generally prevail.


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