Living in HOAs and governing HOAs can seem frustrating at times, but there are reasons for that frustration, and sometimes recognizing the issues helps.
After 35 years of advising HOAs, I would like to share with you, readers, some factors that often contribute to these recurring challenges.
Property independence
Our society highly prizes the independent ownership of land. The “my home; my castle” philosophy is uniquely strong in the American culture, and it’s hard for us to embrace shared ownership of property.
However, for over 50 years, economic forces have pushed the American public increasingly to common interest communities to make property ownership affordable with amenities in desirable living locations. Many cultures around the world have few problems with the concept of shared control of property, but we haven’t fully embraced it yet.
Failure to embrace the trade-offs
What makes common interest communities work is the tradeoff of shared benefits for shared control. It’s great to be able to use a tennis court or a nice clubhouse, but it’s not mine, it’s OURS. That means the individual doesn’t have control over management of the court or clubhouse. Homeowners who enjoy HOAs the most are those who recognize and appreciate that trade-off.
Failure to read governing documents
The Covenants, or “CC&Rs” operate as an agreement that automatically binds all owners in the HOA. This is very powerful document, with provisions enforced by California courts unless there is a specific legal reason not to do so. However, many HOA homebuyers never bother to read through the CC&Rs before agreeing to close escrow.
Only later, after getting a violation letter from the HOA do they learn that, for example; recreational vehicles cannot be parked in driveways, that pets or rentals are subject to limitations, or that certain aspects of the home cannot be altered without HOA permission.
HOA CC&Rs, bylaws, and rules should be reviewed by homebuyers before their cancellation rights cease, to avoid major surprises that can change the way the homebuyer might have expected to own in that HOA.
Believing myths
One very common HOA problem is the homeowner who “shoots first, and asks questions later” regarding alterations of their property or common area around their property.
There is a reported appeal case in Southern California upholding a judge’s order that a homeowner dismantle the second story they had added to their house (in violation of the CC&Rs) and that they pay the HOA’s attorney fees.
Some people think that once they’ve moved a fence or changed their driveway that it will be harder for the HOA to challenge it, which often proves to be a very expensive mistake.
“Me” instead of “we”
Brilliant and otherwise highly accomplished people can become highly negative factors in their HOA because either as a homeowner or a director they focus only on their own desires and interests and base their comments, actions, and decisions on that focus.
If one only wants to focus on their own desires and has no time for anyone else’s values, opinions, or desires, that person will not do well in the common interest community housing model – as a homeowner or volunteer leader.
Here’s hoping these help toward better understanding and neighborliness in your community!
Kelly G. Richardson CCAL is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association advice. Send column questions to Kelly@roattorneys.com .
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