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.

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14
I just got a letter in the mail from hoa telling me that I have to pay or they will take me to court. I've been paying for years and 2009 is the first year I decided I wasn't going to pay because my neighbor's dog cried all day and all night and I called them and they told me that I have to write down the time and date it occurs. like I have time for all that. And my other neighbors on the right hand side party all night long, bringing people over, and they broke into my cousin's jeep and they said they couldn't do nothing about that I would have to call the police. And if we have to pay do we have to pay the late charges.
- anon42206
13
I recieved a letter after living on my farm for over five years that I owed money for an association that is not stated in my home contract and the letter stated that the money was being used to fix neighbors' roads. These other people have lots. I am on a farm. How did I get elected to an association that didn't exist before? I am very confused. Shouldn't we have signed something?
- anon40711
12
I have a family member just purchased a home with HOA fees and there are no amenties in the subdivision and you are responsible for the upkeep of your yard? What's the purpose of these fees? Its a small sub with 35 homes, one way in/out and one main street with one or two streets with cul de sacs. The entrance way to the sub sits directly off a main road and has little grass to cut at the entrance. Again, what is the money used for? Who gets the money? I wouldn't have a home where I have to pay someone to tell me I can't park a work truck in my driveway or get permission to build a playhouse in my yard for the kids. The only thing I see the sub has is 3-5 street lights. There are ways to get a neighbor to cut the lawn -- it's called the "enviromental police"? No fee, just a phone call? They get paid by the county or state to enforce these type of things. You don't need HOA, especially if you don't have amenties. It's ok with condos and townhouses, but a house? C'mon, give me a break. I live in a very nice sub without hoa fees, and everyone keeps their yards neat, without having someone to tell them. Neighbors need to rally together and get rid of HOA fees. Boy, someone is getting paid off of HOA fees!
- anon40696
11
I'm thinking of purchasing a condo, but they have a condo and a home owners fee. isn't that a bit redundant! Needless to say the combined costs comes to approx. $500 a month for a brand new building complex per unit.

- anon35786
10
Can an HOA be established after 95% of the lots in a subdivision are occupied and eight years after the subdivision was started?
- anon35359
9
What do you with a neighbor with a barking dog? The lady downstairs is the boards little "fav tenant".
- anon32236
8
How do I legally & permanently eliminate and remove myself from my HOA?

- shirdener
7
How do you legally permanently eliminate an HOA?
- hughes11
6
I am a townhouse owner who wants to know how to get rid of HOA. It plays favorites with some and does nothing for others. If you are on the board of directors you can have the HOA do things for your area. Otherwise no one can get things done. It is unfair.
- qsmaz1
5
home owner that wants to get rid of HOA?
- pimjai
4
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.
- anon11641
3
Can an HOA ask a renter for social security numbers and copies of driver's licenses to do background checks?
- anon11348
2
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.)
- anon7049
1
How do you petition to get rid of HOA in a community. Or even replace it with another one.
- anon1760

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Written by Tricia Ellis-Christensen
Last Modified: 19 August 2009

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