What is a Homeowners' Association?

define

A homeowners' association (HOA) is usually a not-for-profit organization established by a community which governs rules regarding what can and cannot occur in homes, and also determines the rules and money spent on shared property. Many condominium and townhouses available for purchase are part of a homeowners' association. As well, many new developments of single-family homes establish a homeowners' association to hopefully protect the rights of all in the community.

Those who own property in the established area govern the homeowners' association. Often, the greatest influence in condo complexes is held by a company that owns and rents several properties within the complex. When a person buys a home in an area with a homeowners' association, he or she becomes a member of the HOA and is responsible for membership dues.

Many homeowners' associations have fairly large membership fees, some around 300 US dollars (USD) monthly. Thus, the decision to purchase a house or condo belonging to an HOA should be considered from a financial point of view. Adding a high homeowners' association fee may be prohibitive.

The first act of a homeowners' association is to establish a set of covenants, conditions and restrictions (CC&R). The CC&R establishes monthly dues for all homeowners, and can restrict the rights of the way a person can use his or her own property or joint property. For example, a CC&R may have rules governing the number of people who can occupy a house, the colors one can paint a house, or the times at which common areas like exercise rooms or pools can be used.

The CC&R of a homeowners' association has the goal of making the property pleasant for all residents. However, potential purchasers should definitely speak with a few other homeowners prior to purchasing a house that comes with HOA membership. Some CC&Rs are more wish fulfillment than reality, and others are almost totalitarian in their control over an owner’s behavior.

One issue that seems to be of frequent issue in a homeowners' association is maintenance of joint property. Some HOAs are excellent at providing things like gardening, outside repair, or pool upkeep. Others state in their CC&Rs that these things will be provided, but they are not done so in an acceptable or timely manner. In these cases, the member of the homeowners' association has little legal redress, unless the whole HOA can organize to change the rules. This can be difficult to achieve in large communities.

The homeowners' association may also cause difficulty for owners or renters if they do not strictly follow the CC&R. HOAs can assess fines, fees, or even evict those who do not abide by the CC&R, even if the infractions are minor. Renters in particular must be careful to understand the CC&R, since a clear understanding with the landlord should be established regarding the rights and responsibilities of the tenant in regards to HOA rules.

A successful HOA gives property owners a way to solve minor disputes, as well as to organize repair or maintenance of shared property. Many find the homeowners' association to be well worth the extra fees associated with owning a property. When well administrated, the homeowners' association can provide a certain predictability in owning a home, and clearly delineate both the homeowner’s and the association’s responsibilities.

Related wiseGEEK articles

Category






  
  
	

		

New: Discuss this Article

Posted by: anon11641
Do HOA fees include insurance? $300 a month to have someone mow the lawn and someone else tell me what color I can paint my house seems absurd.
Posted by: anon11348
Can an HOA ask a renter for social security numbers and copies of driver's licenses to do background checks?
Posted by: anon7049
request a recall and if all a majority vote wins, a new board must be elected to fulfilled the recalled one. to completely eliminate an HOA, all owners must agree to abolish it after clear and concise exit CC&Rs are established (in the case of condos or townhomes). when HOA exists in a development of free standing homes, exit CC&Rs may not need to be established as none of the residences are joined to others properties (by shared walls, etc.)
Posted by: anon1760
How do you petition to get rid of HOA in a community. Or even replace it with another one.

FREE: Subscribe to wiseGEEK

 
    learn more

our strict privacy policy ensures that your email address will be safe



Written by Tricia Ellis-Christensen

copyright © 2003 - 2008
conjecture corporation