You Bought Into an HOA – Now What?

Buying a home in a homeowners association (HOA) community can feel exciting—until the stack of governing documents, rules, regulations, and unfamiliar legal terms land on your desk. Suddenly, you’re not just a homeowner; you’re part of a common interest development governed by a board of directors, with CC&Rs (Covenants, Conditions, and Restrictions) shaping what you can and cannot do with your property.

If you’ve just closed escrow in a private neighborhood or neighborhood association, it’s time to understand the legal framework you just signed onto. Whether your HOA is well-run or on the verge of creating headaches, knowing your rights and responsibilities is essential to protect your property values, avoid unnecessary HOA disputes, and make the most of your community privileges.

Your HOA’s Structure

An HOA is usually set up as a nonprofit community association, but don’t be fooled by the word “nonprofit.” You and your fellow owners are essentially shareholders in a corporation, and the board of directors acts as the leadership team.

- Board Members: Elected homeowners who make policy decisions, enforce governing documents, and oversee maintenance obligations.

- Management Company: A vendor hired to handle day-to-day operations, dues collection, and communication. They are not the decision-makers—the board members are.

- Governing Association: The legal entity representing your common interest development and enforcing your recorded CC&Rs.

Key takeaway: The board of directors holds decision-making authority. The management company works for them, not the other way around.

The Hierarchy of Governing Documents

Every HOA runs on a stack of legal documents that dictate community operations. Understanding the hierarchy is crucial when interpreting or challenging a rule.

1. Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

- This is the backbone of your HOA, often referred to as recorded CC&Rs or deed restrictions.

- They’re recorded with the county, binding you and future owners.

- Amendments usually require a vote from a majority (or supermajority) of homeowners.

2. Bylaws

- Define how the board members are elected, their powers, and meeting procedures.

3. Rules and Regulations

- Detail day-to-day restrictions—pool hours, parking policies, architectural guidelines, etc.

- Unlike CC&Rs, these can be created or modified by the board of directors without a community-wide vote, but they cannot contradict the covenants, conditions, and restrictions.

Pro Tip: If a rule conflicts with the CC&Rs, the CC&Rs prevail.

Common Areas and Maintenance Obligations

Your common area might include greenbelts, clubhouses, pools, roads, and shared roofs. Maintenance obligations for these spaces are outlined in your governing documents, sometimes with a detailed maintenance matrix.

Common area disputes often arise when:

- A common area repair delay causes damage to an individual unit.

- The board of directors claims it’s a homeowner’s responsibility when it’s actually an HOA duty.

- Owners make unauthorized changes to common areas without approval.

Remember: The maintenance obligations are a core part of your HOA’s duties. If your HOA neglects them, you may need to push for dispute resolution or even legal action.

The Role of Community Standards and Architectural Guidelines

Your HOA’s community standards aim to preserve property values and create a cohesive look. This includes architectural guidelines for paint colors, exterior modifications, and landscaping.

You’ll typically need board approval (or an architectural committee’s approval) before making changes. Denials can sometimes feel arbitrary, especially if board members or their friends seem to get special treatment. This is a classic breeding ground for HOA disputes.

Tip: Always submit your requests in writing and keep copies. If denied, ask for the specific policies and guidelines or sections of the CC&Rs that justify the decision.

Fines, Penalties, and Special Assessments

An HOA can issue fines and penalties when owners violate rules and regulations or property-use restrictions. Proper due process usually requires:

- Written notice of the violation.

- A chance to correct the issue.

- A hearing before the board of directors.

Special financial measures include:

- Upkeep fees: Regular dues for ongoing maintenance.

- Special assessments: One-time charges for big-ticket repairs, such as roof replacements or infrastructure upgrades.

- Assessment increases: Higher monthly dues, which may or may not require member approval.

Warning: Special assessments can be a shock for new owners. Always ask about pending projects or assessments before buying.

The Homeowner Experience: What to Expect

Your homeowner experience will vary depending on the HOA’s culture and management style. Signs of a healthy community association include:

- Transparent communication from the board of directors.

- Well-maintained common areas.

- Reasonable and evenly applied rules and regulations.

- Sound financial management to avoid surprise special assessments.

In dysfunctional neighborhood associations, you may see:

- Inconsistent enforcement of policies and guidelines.

- Poor maintenance leads to declining property values.

- Overreaching board members or management companies acting outside their authority.

Home Buyer Tips: Protect Yourself Before and After Closing

If you’re a home buyer considering a property in a housing cooperative or common interest development, do your homework:

- Review the recorded CC&Rs, and rules and regulations for potential deal-breakers.

- Ask for the HOA’s budget and reserve study to assess financial health.

- Inspect common areas for signs of neglect or deferred maintenance.

- Search local court records for legal action involving the HOA.

- Talk to current residents about their homeowner experience.

Bottom line: Knowing what you’re signing up for can save you from years of frustration and costly HOA disputes.

Dispute Resolution and When to Seek Legal Help

If you find yourself in conflict with your HOA over maintenance obligations, fines and penalties, or a misapplication of architectural guidelines, there are several steps you can take:

1. Informal Communication

- Contact the management company or attend a board meeting to present your case.

2. Formal Complaint

- Submit a written request citing the relevant section of the covenants, conditions, and restrictions.

3. Alternative Dispute Resolution (ADR)

- Many governing documents require mediation or arbitration before litigation.

4. Legal Action

- If your rights under the declaration of covenants, conditions, and restrictions are being violated, consult a real estate attorney with experience in HOA disputes.

Take Control of Your HOA Experience Today

Facing unfair fines, surprise special assessments, or disputes over maintenance? LS Carlson Law’s HOA attorneys know the laws, the CC&Rs, and how to protect homeowners. We fight to enforce your rights, resolve disputes, and safeguard your property value. Contact us now for skilled legal representation.