Common Questions Answered about HOA's

Your home should be your fortress away from the rest of the world. This is your space, and no one should be able to tell you what you can and cannot do, right? Here are common questions that regular homeowners have about HOAs.

What is an HOA?

An HOA is typically responsible for the upkeep and maintenance of common areas within a neighborhood or community. This can include things like landscaping, pools, and other amenities. But also have certain powers.

Is it possible to get along with an HOA?

The power that homeowner associations have is immense. They have the power to enforce a contract that seems unbreakable with homeowners. HOA contracts typically require homeowners to agree to follow the rules set out by the board.

The rules homeowners agreed to follow when they bought their home can change at any time, sometimes dramatically and sometimes to their disadvantage. This should send a chill down the spine of anyone in an association. The question is, "Can they do it?" The short answer is yes. We will explore how an HOA could assert its authority and how it can do so.

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Remember that HOA agreements and HOA memberships are all different. Some HOAs have more power than others. You must read the contracts before you purchase the house. You should know how much power they have over your home.

Can an HOA file a lien against a property?

Quick answer: Yes. Homeowner associations can and will file liens against properties.

A lien is a claim filed to retain possession of property owned by another person until the debt is paid. A lien is filed when a homeowner owes money to the association. This is one of the first steps in a foreclosure proceeding.

The HOA board can decide how quickly a lien is filed if a HOA debt is owed. HOAs with a more significant financial reserve may act quicker than those in poorer financial standing.

Are They Able to Foreclose on a Home

Quick Answer: Yes. A homeowner's association can foreclose on a member's home.

This ability is available to most HOAs if they have them. It's one of the most effective tools to keep residents in compliance. An HOA can foreclose your home regardless of whether you are the owner or have a mortgage. Most often, the reasons are financial.

Dues If a homeowner fails to pay their HOA dues, the association may foreclose. The HOA board can decide how long a homeowner can be late on their dues before they start foreclosure. Some HOAs are more generous than others.
Fees and fines: HOAs usually impose fees and fines on homeowners who violate the rules. The HOA may foreclose if the homeowner fails to pay the fines and fees. The HOA board can decide how long a homeowner is allowed to go without paying before foreclosing.

Can a Homeowner Sue the Association

Quick Answer: Yes. Yes, homeowners can sue the HOA.

When a person buys a house in an HOA, they agree to follow a set of rules and, in most cases, pay dues. This is a contract, and if either side fails to honor their end of it, they risk being sued. A homeowner association contract is the same.

However, a contract with an HOA can be different because rules are subject to change. HOAs can be different from most contracts. They only allow for changes with agreement by both parties. HOA rules can be changed at any time. Even if homeowners disagree with the new rules, they must follow them, or the association can take legal action.

Can The Association Change the Rules

Quick Answer: Yes, HOAs have the power to change the rules.

This is one of the most common complaints homeowners make about their association. It is also one of the most volatile issues that can cause significant discord within HOA communities.

Protecting and promoting property values within their communities is the responsibility of homeowner associations. The rules change with the times, the board members change, and the community evolves. These rules are meant to converge community needs and property value preservation. Both could mean very different things depending on who you ask. This leaves room for disagreement between board members and community members.

An HOA board should act in the community's best interests and place community needs at the top of its priorities. However, this may only sometimes be true, depending on how the HOA board members act. Many HOAs ignore the wishes of their community and instead implement their own.

The Campbell Court Home Owners Association (in Houston, TX) decided to charge for residents parking in the guest parking spaces. Many residents were abusing the parking spaces, so the HOA agreed to charge a monthly fee!

Is a Homeowner Forced to Follow the Rules

Quick Answer: Yes. A resounding yes.

An HOA can make a homeowner comply with specific rules.

This is a common source of conflict between homeowners, their HOA board members, and HOA officials. These conflicts have often led to full-blown battles between homeowners, HOA board members, and even stand-offs. These battles often end in favor of the HOA, mainly because the homeowner signed a contract saying they would abide by all rules and changes.

Contracts between homeowners and homeowner associations are usually solid and hard to break when such situations arise. It is essential to consider the implications of entering into a contract between a homeowner association and a homeowner.

Can a Representative enter a property without being invited?

Quick Answer: Yes, again

There are no laws that say that someone cannot knock on a front door unless they have been told otherwise. HOAs are also affected by this. In general, HOAs should ask for a meeting with homeowners before knocking on someone's door.

It's possible. You could also be asked to comply with the HOA representative if they visit your home and observe a violation.

It's more common for HOA representatives to knock on doors and leave notices in suburban areas, which are often closer to the homes. In rural areas, where homes are spread out over larger lots and driveway gates are more common, an HOA representative is less likely to visit a property unannounced.

It might even be considered trespassing in some cases. If the property has a locked gate or no trespassing signs, crossing the property without permission is illegal.

Can a Homeowners' Association inspect a property?

Quick Answer: Yes. Yes. An HOA can inspect properties.

A homeowner who agrees to buy a home in an association must adhere to the CC&Rs and DC&Rs. The HOA is responsible for enforcing these rules and maintaining compliance among its members.

HOAs are fearless in inspecting the community, mainly if they live in small communities. Inspections can happen for many reasons. Here are some examples:

Complaints A complaint filed by a community member about a rule that they believe is being broken by another homeowner could lead to an inspection.
Building: A homeowner may decide to start building on their property. However, an inspection by the HOA may be required.
Compliance with the timeline: If an HOA board changes a rule or sets a timeline to which residents must adhere, inspections will likely occur at the deadline.
Compliance Check: Any HOA board member who believes a property is not compliant can request to inspect the property to confirm that all rules have been followed.

HOAs were constructed to preserve property values. Although many homeowners have complaints and feel they are being forced into a situation, they did sign a contract when they purchased the property.