Homeowners' Associations

en Español

Home owners' associations ("HOAs") are usually non-profit corporations, set up to maintain a certain standard quality in the neighborhood. The aim is to keep property values in your condo building or subdivision as high as possible.

Restrictions on what you can do with your property are found in a Declaration of Covenants, Conditions and Restrictions ("CC& Rs") you signed when you bought the property.

Typical restrictions on property can include:

• Colors you can paint your house
• Type or weight of pets and where (if anywhere) they can roam
• Height and type of fencing
• Landscaping design
• Garage size and location
• Number and type of vehicles (for example, a ban on motor homes)

Home owners' associations are run like any corporation, with a board of directors (elected by the members), meetings, minutes, strict record-keeping and annual budgets.

The CC&Rs Rule

If you want to do something you're not sure is acceptable, or you want to stop your neighbor from doing something annoying, you'll want to start by reading the CC&Rs in detail. There may also be by-laws to look through to see if your particular situation is addressed.

When The Board Isn't Following The Rules

If you find the CC&Rs aren't being followed or enforced by the association board, try talking informally with one of the board members. It may be that the board isn't aware they aren't exactly following the rules.

You may have to follow up with a letter detailing the exact issue and what the CC&Rs or bylaws require. It's helpful to get other members' signatures, as well.

When You Want To Break The Rules

If you want to do something outside the restrictions set by the CC&Rs or bylaws, it's an uphill battle. Most associations will require you to ask for a "variance", complete with a formal hearing before the board.

It's helpful to get your neighbors' written permission to deviate from neighborhood standards. If the board sees that many members approve, it's less likely they'll oppose your variance.

It also helps to show that the rule you want to go around is unreasonable because it is outmoded, illegal or unsafe in some way. For example, it's illegal to discriminate against families with children. So restrictions on how families can use community clubs or other common areas may be illegal.

If the association board won't allow you a variance, you can try to change - called "amending" - the CC&Rs or bylaws. The documents themselves should detail the procedures required for changing the rules.

If all else fails, you've always got the option of trying to get new board members elected at the next election.

Fee Assessments

Homeowners' associations have the right to assess fees to each member for the maintenance and repair of common property, such as lobbies, community centers, common roofs, parking lots and garages.

You shouldn't automatically assume any fee you're assessed is appropriate, especially if there haven't been announced meetings to discuss the necessity of repairs or maintenance. When in doubt, go back to a careful reading of the CC &Rs for the fine points of how much the fees can be increased and in what circumstances.

Taking It To Court

Suing your neighbor or homeowners' association should always be a last resort, for the obvious reason that it's tough to litigate against someone who lives so close and you have to see everyday.

If you've exhausted all your other options, look for a lawyer who has experience dealing with homeowners' associations, and who encourages you to keep negotiating rather than jump right into court.

With work and patience, most homeowners' association problems can be resolved.

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