Do we have to join the homeowners association (HOA) in the subdivision where we want to buy a home?
Yes. Purchasing a home that is governed by an HOA makes you a member of the HOA automatically. You won't be able to buy the home unless you agree to be part of the HOA and to its CC&Rs (Covenants, Conditions and Restrictions).
Sometimes the term "community association" (CA) is used rather than "HOA." Only the term "HOA" will be used here, for brevity, but the same principles apply for CAs.
What are CC&Rs?
The Covenants, Conditions and Restrictions, or CC&Rs, are the rules for the HOA's operation. For example, CC&Rs set out and explain:
When you buy a home in a common interest development (CID) that is governed by an HOA, you are agreeing to abide by the CC&Rs. If a change in the CC&Rs is proposed and you do not agree with the change, you have the option to contest the change. The procedure for handling disputes between individual homeowners and the Board of Directors or the HOA in general is also most likely set out in the CC&Rs.
Who makes up the HOA Board of Directors?
An HOA's board of directors is most likely composed of volunteers from among the homeowners who belong to the HOA. They run for election and are voted into the office by fellow homeowners. The board has to answer to the homeowners. Most HOAs have board elections once a year or less frequently, and vacancies may be filled as they arise. The HOA's bylaws explain the relevant details.
In some very large HOAs, professionals may also be brought in as contractors to help the board, such as accountants, property managers, or land-use experts. However, the board is still ultimately responsible for the HOA's oversight.
Can't I make any reasonable improvement to my home that I want?
When you agreed to become part of an HOA, you were also agreeing to abide by the restrictions set out in the association's CC&Rs. The CC&Rs should have adequate descriptions of improvements and changes to homes that are allowed and those that are not allowed or are restricted. Oftentimes, CC&Rs do not cover every conceivable improvement or change that homeowners propose.
It's best to open the lines of communication between you and the board of directors or responsible HOA staff regarding any improvement you are proposing — before you carry out the change, not during or after making the change — but if a standoff or other type of communication problem has occurred, you can consult an HOA lawyer such as Stephen Varga for help.
For dispute resolution, interpretation of CC&Rs, assessment issues, insurance questions, and any other matters relating to HOA law, feel free to contact the Law Office of Stephen A. Varga for help — click here to set up a consultation today.