Wednesday, April 24, 2013

Your New Homeowners’ Association © 2013 Wayne D. Lewis, Sr.


Your NewHomeowners’ Association

© 2013 Wayne D. Lewis, Sr.

Other Real Estate related posts: 
http://makeyourbestoffer.blogspot.com/ 

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:

  1. Dues maybe paid annually, quarterly, semiannually-depending on the HOA covenants and/or bylaws;
  2. 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;
  3. Meetings maybe held monthly, bi-monthly for the board, or as determined by the bylaws and/covenants;
  4. 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

 

 



[1] Please consult with your attorney for any confirmation or legal advice.

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