Question 1

What is an HOA?

Accepted Answer

An HOA is a legal entity in which each member is an owner of residential property that is subject to the HOA’s jurisdiction as a result of certain recorded governing documents.

Question 2

What are the governing documents of an HOA?

Accepted Answer

The principal governing document of an HOA is known as the Declaration of Covenants, Conditions and Restrictions.  Other important HOA documents may include Articles of Incorporation, Bylaws, Rules and Policies.

Question 3

What obligations does an HOA have?

Accepted Answer

The most common HOA roles include maintaining common areas and amenities, administering and enforcing use and architectural restrictions, adopting budgets
and collecting assessments.

Question 4

Am I required to be member of the HOA?

Accepted Answer

The governing documents for an HOA make membership mandatory for all owners within the community.  The HOA’s governing documents are essentially a legally binding contract between the owner/members and the association.  If you have questions about your legal rights and obligations as a member of the HOA, you should consult an attorney.

Question 5

How does membership in an HOA affect the ownership of my home?

Accepted Answer

By virtue of your membership in an HOA, you will have various rights and obligations as described in the governing documents.  These may include restrictions on the use of your property, architectural controls on future improvements and the obligation to pay assessments, also known as dues, to the HOA.

Question 6

Who is in charge of an HOA?

Accepted Answer

HOA’s are typically governed by a board of directors elected by the homeowners.  The board’s responsibilities and powers depend upon the HOA’s governing documents.

Question 7

What happens if I do not pay by HOA assessments?

Accepted Answer

The governing documents give your HOA the power to place a lien on your home or take other legal action if you fail to pay properly levied assessments.

Question 8

Can assessments be increased?

Accepted Answer

The governing documents allow for assessments to be adjusted based on the HOA’s annual budget.  The law governing homeowners’ associations requires that an HOA’s annual budget be ratified by its members.  This is a good opportunity to ask questions as to how budget changes will affect your assessments.

Question 9

Can my HOA restrict the types of improvements I can make to my home?

Accepted Answer

The HOA has certain architectural or design guidelines and restrictions.  There are restrictions on the exterior appearance of your home and you are required to submit plans and specifications for approval before you make any changes to the exterior or build any additions or other structures.  The HOA’s governing documents contain rules relating to trees, landscaping, pets, satellite dishes, clotheslines, fences, parking, home businesses, rental of homes and other issues.  You should carefully read the governing documents to understand the nature of these restrictions.

Question 10

Can I attend the regular meetings of my HOA’s board of directors?

Accepted Answer

Board meetings are open to members of the HOA.  Review the HOA’s overriding documents, particularly its bylaws, to determine your rights.

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