FAQ

What is a Homeowner’s Association (HOA)?

A homeowner’s association is created by the community’s developer as an entity to uphold the community’s deed restrictions and maintain any neighborhood common area or grounds such as entrances, parks, walking trails, sidewalks, etc.  Not all associations have a common area, but most do.  After the development and sale period, anywhere from a few months to multiple years, the Board of Directors is elected from amongst the homeowners to govern the HOA. 

Each homeowner also pays a portion of the costs to maintain the shared spaces and manage the community. Typical HOA costs are insurance, management, postage, and cost to conduct business of the association, landscape maintenance, community events, etc. These expenses vary community to community widely.  

What Kind of Things Can an HOA Regulate?

HOAs typically regulate the exterior aesthetic or “look” of your home. The goal is to help the neighborhood maintain its attractiveness.  That sometimes means a certain amount of uniformity in the exterior design of the homes in the community.  Common regulations for upkeep may include

• Paint color
• Landscaping
• Landscape maintenance
• Trashcan management
• Parked cars
• Snow removal
• Boat / RV storage

Always ask to see the governing documents of an HOA before you buy the house. This way, you know what is regulated and, therefore, if the neighborhood is a good fit for your lifestyle.

What Is the Purpose of HOAs?

HOAs manage and maintain the shared spaces and amenities within a residential community while upholding the neighborhood’s standards and property values. By overseeing the upkeep of common areas such as parks, pools, sidewalks, and landscaping, HOAs ensure these spaces remain clean, safe, and enjoyable for residents. They also enforce community rules and guidelines outlined in the Covenants, Conditions, and Restrictions (CC&Rs) to create a harmonious living environment. Beyond aesthetics and maintenance, HOAs often organize community events, mediate disputes between neighbors, and handle issues like noise, parking, or property modifications. 

Can An HOA Kick You Out?

An HOA cannot directly evict or remove a homeowner from their property, as homeowners legally own their homes. However, the association can take legal action if the homeowner violates the association’s rules or fails to pay required dues. This may start with fines or fees for rule violations, and in cases of unpaid dues, the HOA can place a lien on the property. If the lien remains unpaid, the HOA may have the legal right to initiate foreclosure proceedings, depending on the governing documents and state laws. While foreclosure is rare and often a last resort, it underscores the importance of understanding and complying with association rules and financial obligations to avoid such serious consequences.

What is an HOA Fee?

An HOA fee is a recurring payment made by homeowners who live in a community governed by a homeowners association. These fees are used to fund the maintenance, management, and operation of shared amenities and common areas within the community, such as parks, pools, clubhouses, landscaping, and security services. The amount of the HOA fee can vary depending on the size of the community, the range of amenities offered, and the scope of services provided by the HOA.

In addition to regular monthly or annual fees, homeowners may occasionally be charged special assessments to cover unexpected expenses or large projects like major repairs or renovations. These fees play a crucial role in maintaining the quality and appearance of the neighborhood while supporting community upkeep and services.

How Do HOA Boards Enforce the Rules?

Associations usually start with a notification, fees, and an escalation process for non-payment or continued violations. This process is often dictated by the governing documents and state law. HOAs often have very little flexibility in how they address these concerns.  

If an owner is unable to quickly resolve a violation, they should reach out to the HOA and see if they can get an extension or try to come to an acceptable compromise, sometimes called a variance. If an owner does not resolve the violation or come to an agreement about how they are going to resolve it, then an HOA can take legal action. Although never a desired action, they may be required to follow the legal process outlined in the documents and/or state law, which can include fines, placing a lien on the property, or even foreclosure of a house in extreme situations.