For many people, homeowners’ associations (HOAs) have become synonymous with rules. While it's true that part of association membership requires abiding by community guidelines, our HOA is about far more than following a long list of rules. Community guidelines and rules really can help lay the foundation for a successful neighborhood and can help build a strong community.
When you purchase a home that’s part of a community association, you automatically become a member of the association and become responsible for following all its rules and regulations. The primary purpose of having community rules and standards is to protect your investment as a homeowner and provide a common framework for neighbors.
At first glance, having rules for a neighborhood or community may seem restrictive. However, there are many benefits to having a robust set of guidelines, including:
Preserving the aesthetics of an area
Protecting and enhancing home values
Enforcing the community’s Covenants, Conditions, and Restrictions (CC&Rs) & Bylaws
Maintaining the property of the association and its owners
You can see the HOA rules and regulations here. This collection of documents will include information about your specific rules, restrictions, and other guidelines. Governing documents include CC&Rs, Bylaws, Articles of Incorporation, and other rules and regulations made by the community.
Covenants, Conditions, and Restrictions, sometimes called the declaration or master deed is a legal document which outlines the rights and responsibilities of the association, board members, and homeowners. It details the ownership rights of the homeowners vs. the association and will spell out architectural standards for the community. The rules contained in your HOA's CC&Rs are binding and permanent.
While the CC&Rs tend to focus more on the property and ownership rights of the association, the Bylaws outline the logistics of how the community and HOA should function. They often include election guidelines and term limits for board members, along with details on meetings and budgets for the community.
Your HOA can pass additional regulations to help enforce and clarify the rules outlined within their CC&Rs. These rules often can be adopted by the board without a vote from all the homeowners if they aren’t more restrictive than existing guidelines.
The source for almost all your HOA's rules will be your governing documents. These documents are created during the formation of the association—usually by the developer of a property. Once the developer turns over control of the community, your HOA is run by an elected board of directors. This board has the power to implement additional rules. Additionally, local, state, and federal government bodies also pass new laws that may create or alter regulations that are set by your association.
In most cases, your community’s rules aren't set in stone. The board often has the authority to adopt new rules for the community. However, if these rules significantly alter the governing documents, then a vote by all members of the association is typically required. In general, homeowners have a lot of influence on how their community operates. If you aren't happy with a particular rule, then use the proper channels to change your HOA’s rules. Attending your board meetings and working with your board is the best way to monitor the rules in your community.
It’s always in your best interest to adhere to the rules and regulations of your community. When neighbors work together to enhance their association, everyone sees the benefits—from increased property values to a greater sense of community and belonging.
Not following HOA rules can carry legal and financial consequences. Enforcement policies may include warnings, fines, and more. If penalties aren't paid, your HOA may act by placing a lien on your home. However, most violations get corrected with a friendly reminder by phone or mail.