Understanding to role of the HOA
By Ken Jimmerson
Some of the most frequently asked questions from my buying clients have to do with and power of the HOA
Maintaining a harmonious and balanced living environment is crucial for every community. To achieve this, many neighborhoods implement rules and establish a governing body known as the Homeowners Association (HOA). While some individuals may have reservations about HOAs due to their enforcement tactics, it is important to recognize their role as a community customer service team. In this article, we will delve into the significance of deed restrictions, covenants, codes, and HOA rules in maintaining desirable living conditions.
During the initial development phase of a community, rules and regulations, often referred to as covenants, codes, and restrictions (CC&Rs), are put in place. These guidelines aim to ensure a certain standard of living within the neighborhood. Consequently, the HOA is entrusted with the responsibility of enforcing these rules.
Benefits of HOAs:
Despite their occasional stringent enforcement, HOAs offer numerous benefits. For instance, they prevent undesirable situations, such as food trucks parked on front lawns with constant traffic. By taking action against such violations, HOAs safeguard the agreed-upon harmony and atmosphere of the community.
Addressing Common Issues:
HOAs actively address common issues that arise within neighborhoods. They may send legal notices to homeowners regarding issues such as abandoned vehicles, neglected lawns, improper exterior paint colors, insufficient tree coverage, excessive pets, and hazardous burning practices. By doing so, they ensure the overall well-being of the community and discourage activities that can negatively impact property values.
HOAs play a vital role in mitigating nuisances caused by inconsiderate neighbors. This includes addressing problems like overcrowding properties with numerous animals, parking large vehicles on the street, and converting residential spaces into commercial establishments, such as hotels, Airbnbs, daycares, or mechanic shops. Such actions can disrupt the tranquility of a neighborhood and are typically discouraged by HOA regulations.
Choosing the Right Community:
When considering purchasing a property within an HOA-governed community, it is advisable to gather information about the HOA's level of strictness. Engage in conversations with current residents to understand their experiences with the HOA. Additionally, sellers are legally obligated to provide copies of the HOA's rules and regulations upon reaching an agreement to purchase a property. If the rules are not agreeable to you, there may be situations where you can cancel the contract. Generally, a well-maintained neighborhood is an indication that the HOA is actively enforcing its guidelines.
While HOAs may occasionally elicit frustration through legal notices and enforcement actions, it is important to recognize their role in maintaining the quality of life within a community. By upholding deed restrictions, covenants, codes, and HOA rules, these governing bodies help create and sustain attractive and desirable neighborhoods. Therefore, it is crucial to consider the presence of an HOA and its regulations before deciding to invest in