Homeowner’s associations provide significant benefits to the members of the community. The association may provide community amenities, such as pools, recreation or workout facilities, and event or gathering space. Moreover, the association likely has rules and regulations that govern the appearance of homes within the community. These regulations help to protect home values throughout the community.
What are the governing documents for homeowner’s associations?
When a buyer purchases a home within an HOA or COA, 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.
What services do you offer to Homeowner’s Associations?
I provide all forms of guidance to homeowner’s associations on legal issues related to the association. 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 association 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.
What services do you offer to Homeowner’s who live in Homeowner’s Associations?
Homeowners may have questions about the powers of the association or the restrictions on their property. The CC&R and Bylaws are often lengthy documents filled with legal jargon. Therefore, having an experienced attorney review those documents can help you to better understand your options. Moreover, if you are being sued by the association for violations of the covenants, having an attorney who has experience defending against such actions will allow you to fully protect your rights as a homeowner within the community.