What is HOA Governance?
When a buyer purchases a home within an homeowner’s association, they agree to be bound by the authority of the association as set forth in the governing documents called the Declaration of Covenants, Conditions, and Restrictions or CC&R. Based on the authority provided in these documents, the association establishes other bylaws or rules for the community. Both the CC&R and any Bylaws are available to prospective homebuyer’s prior to purchasing a property within the community. Because these documents are available to potential buyers and the covenants run with the land, a homeowner is bound by these restrictions regardless of their specific knowledge of the restrictions. The enforcement of these restrictions, conduct during meetings, and other actions taken by the board of the HOA would constitute HOA governance.
What services do you offer to Homeowner’s Associations?
I offer a wide range of services related to HOA governance. Homeowner’s associations are run by members of the community who have jobs and other obligations and often do not have legal training or experience, many HOA boards do not have the time to review and understand all the terms of the Declaration or bylaws. Therefore, it may be beneficial for the HOA to hire an attorney to review the documents prior to making any major decisions that affect the community. If you have residents that are violating the rules of the association by using unauthorized paint colors or building sheds on their properties, it is important that you take quick action to address these issues as your failure to act can result in the inability to later enforce those restrictions. Finally, it is important Associations are careful to follow the rules related to meetings, notices to homeowners, and other procedural issues as failure to follow these rules can lead to expensive and time-consuming litigation.