Happily, at a time when so many folks can find so many things to debate, there is one topic on which most can agree: they hate their HOA. Yes, homeowner’s associations get a bad rap, but is this always justified? In the interest of bringing more peace and harmony to our happy mountain community, below we offer some of the most common complaints heard from homeowners and the view from the other side of our shared fence.
Homeowner: “I got a notice saying my trash cans were out. Do you people have nothing better to do than lurk around the neighborhood all day? Why do you pick on me? I see other houses with trash cans out all the time – bet you didn’t send letters to them!”
Yes, violation notices are often sent as part of good HOA management. Consistent enforcement of the HOA documents creates a cleaner, more pleasant neighborhood, which results in higher property values (one of the reasons people purchase HOA homes). Typically, an HOA manager and board member(s) will travel through a community monthly or quarterly, the frequency of these visits being dictated by the HOA documents, board of directors and/or the current state of the community. Of the 40+ HOAs our company manages, none requires anything more frequent than monthly visits. No one is lurking about, lying in wait for a violation to occur, then laughing with Machiavellian glee as they discover a recycle bin on the curb two days after pick up. There are no “gotcha” moments here. Also, important to note: 95 percent of the notices sent out of our office are Courtesy Notices – not fines – just reminders to help the community maintain the integrity set forth in the HOA documents. Further, notices are sent consistently without regard to ownership – even board members occasionally get a violation notice.
Homeowner: “What do you mean you can’t make my neighbor control their barking dog/quit having parties/stop playing music at 3 a.m.? I pay my dues, so you need to do something!”
Most public nuisances are just that – public, and a private HOA simply does not have the authority to intervene. Some HOA communities may pay for security patrol to deter problems. A few can even send out courtesy notices stating a complaint has been made, but that’s about all an HOA can legally do. Most serious nuisance issues must still be dealt with by the local authorities, usually the police department and/or animal control.
Homeowner: “Why do I need HOA approval to paint the house/put in a tree/cut down a tree/stain my fence/get a new roof/etc. It’s MY house – I should be able to do what I want!”
The be-all-end-all of rules and regulations in an HOA are the Covenants, Conditions & Restrictions (CC&Rs). All Architectural requirements, Rules & Regulations, Assessment and Collection policies begin with the CC&Rs. Architectural (or Development) requirements are in place to maintain the design standards set forth in the documents for each particular community. Because beauty can be in the eye of the beholder, specific HOA design application and approval policies are frequently used to ensure conformity and compliance by all homeowners. Inconvenient at times? Perhaps, but do you really want to live next a hot pink gazebo? We didn’t think so.
Homeowner: “Why do I pay dues? Where does all this money go?”
Depends on the type of property you own. Typically, single-family home communities are responsible for common areas/amenities but not the homes themselves; however, condominium HOAs may be responsible for all common areas/amenities plus all exterior building components and some utilities. HOA dues are generally commensurate with a HOA’s fiscal responsibilities. Some common expenses for all HOAs are insurance, administration, management and legal costs. Also, as a member you can always get copies of your HOA’s financial reports like an annual budget, current expenses, cash reserves, etc. Good HOA management involves financial reporting that is very transparent and easy to understand, meaning you don’t have to be a CPA to see where your dues are going!
The bottom line is that being part of an HOA is why you don’t live next to a hot pink gazebo! Good HOA management maintains a high community standard, which benefits all homeowners in myriad ways. Also, the next time you want to hate on the HOA, remember: YOU ARE THE HOA! The HOA is totally comprised of the “membership,” i.e., homeowners. Get involved with your HOA! Go to a board meeting or at least to the annual meeting! And if you really want to make a difference, look into becoming a board member as the board makes a majority of the association’s business decisions. FBN
By Mike Hutchins
Mike Hutchins is the owner/broker of Sterling Real Estate Management.
