Your New Homeowners’ Association © 2013 Wayne D. Lewis, Sr.
Your NewHomeowners’ Association
© 2013 Wayne D.
Lewis, Sr.
Congratulations! You are moving into your new home. With all that you will have to be mindful of,
your homeowners’ association (HOA) and it’s covenants will certainly need to
prioritized, quickly. (Not to be
confused with Condo Association)
Have you had a chance to read the covenants? Will you be attending the meetings? Will you be an active member? What is a section rep? Can you park your car in front of your
house? How about adding a second floor
to your home, will you need permission from the HOA? Is security better than average
neighborhoods? Maybe these aren’t the
questions running through your mind when you think about buying a home that is
under the guidance of an HOA, but, it is not a stretch.
Maybe the only question that maybe going through your mind
is, what do those high dues pay for? If
that’s not it either, I am hoping that if nothing else, these questions have
been answered by your section rep, or President by the time you attend your
first HOA general meeting.
In the event you are considering moving into a neighborhood
with an HOA, here are a few points that you may want to be aware of, or want to
clarify:
- Dues maybe paid annually, quarterly, semiannually-depending on the HOA covenants and/or bylaws;
- Dues generally cover the overall upkeep of the subdivision which may include, but is not limited to, security, landscaping and lawn mowing of the common areas, insurance, any correspondence, and utilities;
- Meetings maybe held monthly, bi-monthly for the board, or as determined by the bylaws and/covenants;
- The make up of the board may consist a President, 1 or 2 Vice Presidents, a Board Secretary, a Treasurer, security chair, beautification chair, newsletter representative, lead section representative, and/or legal consultant
The people who normally make up the HOA, are usually homeowners,
from the neighborhood. Unless otherwise
stipulated, everyone on the Board that is the HOA Board are volunteers. The HOA Board evaluates the direction of the
neighborhood and works to make sure that the covenants and bylaws are strictly
adhered to. The Executive Board members
(President, VP, Treasurer, and Secretary) are usually voted on by the general
members, who are the residents of the neighborhood. Other members of the board are appointed
volunteers based on their skill sets for the appointed position.
HOA’s also provide for activities in the neighborhood. They may provide for special events, such as
holiday events, children’s activities and fund raisers. Neighbors are sure to attend these events,
but neighbors from outside may often attend as well.
General meetings are the best way to interact with your HOA. The meetings are an opportunity to voice your
concerns, and get the Board members to address residents concerns and put them
to a vote. Meetings may address “new
business” or “old business” according to the agenda, often generated by the
Board Secretary. Board meetings often
consist of the executive members, but may open to residents who may wish to
address the board members on a matter they wish to address by the Executive
members for either immediate action, or for clarification on matters of importance
to the neighborhood.
What about the other questions we asked earlier?
Q. Will you
be attending the HOA meetings?
A. You are encouraged to attend HOA
meetings. Even if you don’t have anything
to add, or ask, you will take away the fact that your board members are working
on important projects throughout the year;
Q. Will you be an active member?
A. Volunteers are often needed in HOA’s. Whatever you have done in your life, or have
ever wanted to learn how to do in your life, or ever wanted to improve upon in
your life, volunteering in your HOA will be a big plus. Whether an annual event, special event, or
regular event, such as a General meeting, volunteers have an opportunity to reach
out to the Board members and other residents to network and build new
relationships.
Q. What is a section rep?
A. A section rep is a neighbor in the
subdivision who has volunteered to help in passing out newsletters or notices
from the Board.
Q. Can you park your car in front of your
house?
A. Covenants and bylaws spell out the various
allowable acts that can be carried out in the community governed by the
HOA. These bylaws and covenants are
designed to establish a certain decorum for the neighborhood. By setting restrictions on parking a motor
home, or boat on the street, the community is able to minimize the loss of
ambiance that makes the subdision distinguishable or unique.
Q. How about adding a second floor to your home,
will you need permission from the HOA?
A. As stated earlier, covenants and bylaws are
dictate a number of restrictions and requirements of residents that ensure the
uniformity of community. These rules or
restrictions, while some abhor them, there are those pay to be in these
neighborhoods for the same reasons, because exclusivity, or because there are controls
in place to help keep the neighborhood attractive, and to help the homes
maintain their value.
Q. Is
security better than other neighborhoods?
A. While no one can guarantee a safe
neighborhood, HOA’s work very strongly to provide important features to help
maintain a safe environment. Will there
never be a burglary? No. Will there
never be a theft of a car? No. But the probabilities are greatly reduced,
and can be addressed if any pattern of activity occurs very quickly. HOA’s generally have either their own
security, or work very closely with the local law enforcement authorities.
http://apps.leg.wa.gov/RCW/default.aspx?cite=64.38
This random bit of information may help you in determining
whether to buy a home in a community with an HOA. But it is important to preview the HOA docs
and bylaws, if allowed, before committing to move into a subdivision governed
by an HOA. Your decision maybe
determined by whether you can be tolerant of being told/directed to check with
the HOA before making any changes to your home, even if that approval was given
by the city or municipality. It will be
for you to understand that the HOA may issue sanctions against homeowners that
can be enforced by law via civil suit [1]
(consult with an attorney for confirmation, not legal advice). The real key for you as a potential resident,
is to review all documents, and make sure to pay dues in a timely manner, as
they can also lead to punitive responses by the HOA Board.
Good luck if you decide to purchase home governed by an
HOA. It can be the most important
decision you can make, in addition to buying a home. Best wishes.
DISCLAIMER: Not intended to legal advice. You are advised to seek legal counsel for
advice. Not intended to solicit the
business, clients or agents of any brokerage. Information deemed to be from reliable
sources but not guaranteed
Labels: Bylaws, Covenants, Dues, HOA, Homeowners Association, Neighborhood Security
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