What is a Homeowners Association?

What is a Homeowners Association

When you buy a property, you’ll normally receive more than just 4 walls and a back garden. In many planned communities, condos and suburbs, you’ll become a member of a Homeowners Association.

The Homeowners Association (HOA) is a body set up to manage common areas, set community standards and provide services in the area. They’re usually run by a board of homeowner’s and funded by regular payments.

Some people will love having an HOA as it can keep property values high and ensure your community is well kept and organised. Others may see the rules and charges as restrictive. Knowing how a Homeowners Association Work can help you make an informed choice when buying a property in an area with an HOA.

 

How does a Homeowners Association Work?

A Homeowners Association is usually set up by the developer when they build the community. It may then be handed over to the residents, with a board of Directors being elected.

This Board will make decisions on behalf of the community and can include:

Managing finances

Hiring gardening, maintenance and security companies

Enforcing rules

Maintaining common areas and facilities

Creating annual budgets

Collecting HOA payments

Planning maintenance and improvements

They may also employ a property management company. This company will handle the smaller admin tasks. But the board will usually take responsibility for larger decisions.

There will usually be rules that HOA members must adhere to including the declaration of covenants, conditions and restrictions (CC&Rs), bylaws, architectural guidelines and community rules.

 

What do HOA Payments Cover?

What do HOA Payments Cover

One of the most important aspects of a Homeowners Association are the regular payments. These are usually known as dues, assessments or HOA fees. How much you pay will depend on where you live, the size of the community and what facilities are available.

HOA payments can include:

Gardening

Snow/ice removal

External maintenance

Bin collections

Insurance for common areas

Private roads and pathways

Swimming pools and gyms

Club houses and communal areas

Gates, security and lighting

Administration and management

In a Condo community the HOA fees may also include external maintenance of the building, roof, lifts, corridors, communal plumbing and other common areas. This means you may pay higher fees in a condo association than a single family community.

Homeowners may also have to pay special assessments. This is an extra charge which can be used for unexpected maintenance or large scale improvements. This could include roof replacements, retaining wall repairs and private road resurfacing. Before buying a property ask if there are any special assessments planned.

 

Common Rules & Restrictions

Common Rules & Restrictions

The HOA rules are there to ensure that the community has a certain standard and protects the common interests. Whilst rules can vary, many will have rules around external changes and usage.

Common rules can include:

Paint colours and external materials

Fencing, sheds and gardening

Driveways and parking

Christmas decorations

Noise, pets

Short term lets

Home businesses

Satellite dishes, solar panels

Building and renovations

Number of vehicles allowed

You may have to get permission to do things like build a decking area, replace your front door, add fencing or change your garden. An Architectural Review Committee may look at whether your planned changes fit the guidelines.

Whilst they’re not trying to control everything in your life, HOA’s can put rules in place around how you can use and change your property. It’s important to read through the rules and regulations to ensure you know what you can and can’t do.

 

Benefits of living in an HOA

A well run HOA can give you many benefits. One of the main ones is that your property will be regularly maintained. You will have clean common areas, well kept gardens and nice facilities.

HOA’s can ensure that your property value stays high by ensuring that the community isn’t left in a state that could cause issues to neighbouring properties. They may have rules around leaving vehicles abandoned, having very run down gardens or unsafe changes to the external of your property.

Other benefits can include:

Communal facilities

Well organised events

Professional property management

Private roads and facilities maintained

Formal complaints process

More uniformity

HOA’s can be a great option for people who want to live in a community with set standards and facilities. Some developments also have easier payment of association fees.

 

Disadvantages of an HOA

Although HOA’s can have many benefits they won’t be the right choice for everyone. Main concerns are usually around the fees, rules and enforcement.

HOA’s can have increasing fees over time. This is due to increased insurance, maintenance and labour costs. You will need to consider this when budgeting and also any special assessments. Just because the fees are low doesn’t mean the community is in good financial health. They may just be putting off essential maintenance.

The rules can be seen as restrictive. If you want to carry out some renovations and the HOA say no you may become frustrated. You may also receive complaints about your garden, parking or external decorations. In some communities you may be fined for repeat offences.

If the HOA is being well run with an active and responsible board you may not have any issues. However a poorly run HOA can have issues around slow maintenance, unclear communication, low reserves and lots of arguments between residents.

Before buying a property make sure you’ve looked through the financials of the association. Have a look at the minutes of meetings, reserves, insurance and special assessments. It’s also wise to find out if they’re currently involved in any litigation and how often they issue complaints or fines.

 

Rights & Responsibilities

Whilst there are responsibilities there are also rights. The HOA should follow their rules and regulations and any relevant state/local laws. They should also ensure that they’re applying rules fairly.

Depending on where you live you may have rights to:

Receive notice of meetings and rule changes

View the records of the association

Vote in elections

Appeal fines/complaints

Attend board/member meetings

Request financial information

Install certain safety and accessibility features

Raise concerns regarding board decisions

As a homeowner you will have responsibilities to pay the required assessments, follow valid rules, maintain your allocated sections and responsibly participate in the association.

If you have a problem with the HOA start by looking through the rules and speaking to the board in writing. Many issues can be resolved with an internal hearing, mediation or formal process. The legal requirements will vary depending on the state, but if there is a serious issue you should seek advice from a qualified lawyer.

 

Questions to ask when buying

When buying a property it’s important to ask detailed questions about the HOA.

Ask:

What are the current HOA fees?

How often can the fees increase?

What do the fees include?

Are there any upcoming or recent special assessments?

How much is in the reserve fund?

Are there any pet, let, renovation or parking rules?

How are complaints handled?

Is the association involved in any litigation?

Who maintains the roof, external walls, windows and garden?

Are there any large scale maintenance or improvements planned?

Ask for copies of the CC&Rs, bylaws, rules, budgets, financials, minutes, insurance documents and recent assessment notices. This can be looked at during your inspection/due diligence to avoid any nasty surprises.

 

Conclusion

A Homeowners Association is a body to manage common areas, collect assessments and enforce community standards. They can be a great option for easy maintenance, nice facilities and organisation. However they can also have ongoing fees, rules and a board.

Not every HOA will be the best option for every homeowner. It’s important to understand what the HOA is like. By looking at the rules, financials and asking the right questions you can decide if the costs and requirements of the community are what you want for your lifestyle and long term plans.