What Should You Know About HOA Rules

Like many new residences, you purchased a home that has a homeowner’s association and you want to change its rules. To do this requires a certain procedure, some compromise and may engage you to join the Board.

According to the Community Associations Institute (CAI), as many as 63 million Americans live in a community with a homeowner’s association.  If you have never lived as a member of an HOA, it is a good bet that you haven’t given much thought about it. HOA Boards can enforce the association rules, so it’s important for all homeowners to understand what can be done if you can’t or don’t want to follow those rules.

The Basics of HOAs

Each HOA Board is made up of a group of homeowners who volunteer their time and who are voted onto the Board by their association members. They are responsible to manage and govern their association.  Your Board can enforce the covenants, conditions and restrictions (CC&Rs).  These CC&Rs apply to ALL homeowners and can cover:

• Resident behavior (trash cans placed out of sight, parking on the streets)
• Architecture (house color, fence height or even what kind of tree to plant)
• Common responsibilities (paying HOA assessments for non-compliance)

Don’t Like the Rules

Even if you disagree with the rules, you have to keep paying your assessments.  You are obligated and legally bound to do so. If you don’t, HOAs have legal powers to collect fines and fees.  In fact, the HOA can and may turn to the court to sue or can file a lien against your property.  

Some issues can be handled with a phone call. For example, adding recycling to the garbage collection route is a budgeting item, not a rules issue.  Call the Board member who oversees trash collection to find out if there’s room in the budget.  

If you want to do something that’s against the rules — like widening your driveway, start by writing a request for variance. A variance gives you permission to be the exception to the rule, but you must submit your request to the Board. In many cases, a Board and homeowner can find a compromise:  That you’d like to widen your driveway, but only add two feet instead of the 6 feet you intended.

Solutions Take Time

Boards may only meet once a month, so factor this into your timeframe.  Boards may consult an attorney to see if there’s a legal liability if they rule against you.

Know the Reality

But, if you widen your driveway without permission, expect to get fined.  Your CC&Rs should indicate the amount and fine schedule — per day, per incident, etc.  Interest for nonpayment can accrue, and the HOA can sue you in court without fining first. 

If you feel the ruling or the fines are unjust, the last resort is to hire an attorney.

Become the Rule-Maker

Become part of the process. The first step is to know your CC&Rs, annual budget and employee contracts. Do you see areas where expenses can be cut?  Are service providers doing their jobs? 

Secondly, volunteer to be on a committee. If the HOA needs to enforce parking rules, for instance, volunteer to gather license plate numbers of residents’ vehicles.  In addition, put your professional expertise to work by assisting the Board with data entry or plan a community event.

Lastly, when a Board position opens, run for election.  Most Boards are three to five members, with terms of one to three years.

Being Accountable

As a Board member, be prepared to devote your time to:

• Reviewing association reports, collecting assessments and levying assessments
• Governing service providers and monitoring budgets
• Talking to other Board members and residents on good and uncomfortable topics
• Attending Board meetings and confronting members.

Accept that you might become less popular if homeowners don’t like your decisions. Because your actions and decisions are directly involved, you could be sued, along with the rest of the association.

Being Involved Has Benefits

You’ll feel more in control of your community’s fate.  But most of all, you’ll know you’re doing all you can to protect your quality of life and your home’s value.

For more information on how to navigate your CCRs or to learn how to better govern your homeowner’s association, please contact MGM Association Management. They have served many HOAs throughout Idaho for over 20 years. They can be found at www.gomgm.com or by calling (208) 846-9189.