Homeowners' Association Laws

1. • Homeowners' associations (HOAs) help to preserve and improve neighborhood home values through regulation of home presentation and maintenance. These regulations are not enforced by local government, but by the association, which works as an independent governing body. While specific homeowner association laws vary by community, most are based on creating a sense of conformity so property values remain constant throughout the neighborhood.

   Board Duties

   • HOAs have a governing board that enforces HOA laws, or deed restrictions. According to HOA law, the board is generally elected by homeowners and all homeowners are welcome to run for election or serve on the board. The board is required to vote on how to interpret the law and respond to reports of violation of deed restrictions. They are also responsible for collection of dues and management of funds. Minutes must be kept at board meetings and made available for homeowners to review. Homeowners usually have the right to impeach board members through a democratic process if it is found that board members are abusing authority.

   Architectural Review

   • The most well-known variety of HOA deed restrictions are those regulating architecture and property. Most boards have a section of the covenant dedicated to architectural review, which may specify structure size and landscaping regulations. These laws are different based on the needs and purpose of each community's HOA, and may include paint color restrictions, fence height, satellite dish or antenna placement, prohibition of additional construction on property and landscaping style requirements. Deed restrictions often overlap with local regulations regarding excessive trash or overgrown landscaping.

   Common Areas

   • Most HOAs are contractually responsible for the repair and maintenance of community areas, such as recreation centers, swimming pools, walkways and public landscaping. Some HOAs may also be required to provide security personnel. Dues collected from homeowners pay for these maintenance costs.

   Other Laws

   • HOAs usually have laws pertaining to noise restriction, which may overlap with city law. Other laws may restrict the number and type of pets permitted, community age restrictions or parking requirements. Some states have passed laws to overrule unfair HOA laws. For example, the Florida Senate passed a bill restricting HOAs from requiring homeowners to grow grass lawns, following HOA harassment of a homeowner who chose to reduce water usage by maintaining "Florida-friendly" desert landscaping style.

References

• Homeowner Association Laws: Things to Consider Before Buying a Home Ruled by an Association
• Neighborhood Link: HOA
• CCFJ: Deed Restrictions Now the Norm
• Oakdale Reserve: Deed Restrictions
• The Florida Senate: SB 2080

• Photo Credit: village homes image by John Keith from Fotolia.com;

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