Suppose you are planning on buying or renting a home in subdivisions, planned communities, or condominiums. In that case, you most likely will be subject to the rules and regulations of the relevant Home Owner Association (HOA).

The demand for HOA communities is ever-increasing, and for many reasons, as they are a great place to reside. But before committing to an HOA, you must understand the framework, policies, and advantages and disadvantages. This guide will help you be able to understand HOAs and help you decide whether to live in one.

What is an HOA?

HOAs are self-governing organizations that work in the common interest of the community of residents. The association is typically run by the residents, who are unpaid volunteers. The communities hold elections in which they vote to elect the board of directors responsible for overseeing the HOA’s management.

The residents of HOA communities must follow a set of covenants, conditions, and restrictions, known as CC&Rs. These are developed and enforced by the HOA. Residents are also liable to pay HOA fees for insurance and the use of public properties.

What Are CC&Rs?

Before you purchase the property, the HOA will ask you to agree to their CC&Rs. These aim to preserve, enhance and protect the HOA property values.

CC&Rs have complete guidelines for living in the HOA communities, outlining what you can and can’t do. It contains policies related to your home and the public amenities of HOAs. For example, the HOA can ask you to close your garage door, refrain from painting your house specific colors, or remove unnecessary clutter from your front yard.

Failure or resistance to comply may result in fines, penalties, and a lawsuit filed against you by the HOA.

Your Rights Against HOA

Before signing any contracts for your HOA regarding the CC&Rs, read through them and understand what they are asking. Although you must comply with many regulations set by the HOA, you also have many rights that you should know before committing to a community.

HOAs cannot discriminate against their existing or potential members. The U.S. government’s Fair Housing Act prohibits any discrimination by landlords, associations, or builders toward homeowners based on race, sex, religion, and more.

You can file a lawsuit against discrimination if the HOA makes the buying procedure unnecessarily complicated, causes false fining, prevents the purchase, or evicts you without a viable reason.

Being an HOA member, you have the right to share your opinion and issues, and the HOA can not restrict your complaints. You may attend HOA board meetings to address issues you have, and board members or other residents can not silence you.

Many states have laws requiring HOAs to give prior notice before meetings. CC&Rs also mention notice time, so it is better to check this before signing. HOA meetings are for the community, and every member has the right to participate. Giving late notice can cause some members to miss the meetings and their opportunity to speak.

HOA rules are for the betterment of the community and the property. To implement new practices, the HOA association should get opinions and feedback from members and then hold an election for members to vote. The HOA does not have the right to pass laws and rules without majority support.

HOA CC&Rs have penalty conditions, and failure to comply with the rules can result in further fines. However, the HOA cannot penalize or fine for laws not present in CC&Rs.

The Benefits of HOAs

Although you must follow many rules and regulations to be in an HOA, the benefits of these communities can make it worth it.

The strict CC&Rs keep the HOA community property values high and your and your neighbor's homes looking top-notch. Any landscaping changes you wish to make will usually be completed by HOA landscaping facilities, putting less stress on you. When joining an HOA, you can access public amenities like pools, parks, and gyms.

Conclusion

Being a part of an HOA has its advantages and limitations. Knowing your rights against your HOA and CC&Rs can ensure that you choose the right community for you and your family. Joining an HOA that makes you feel welcome can be the start of making your new neighborhood your home.