HOA or the Home Owner’s Association is a legal body that creates and enforces the policies and restrictions in the interest of the maintenance and development of the properties. They impose the ‘CC & R’s i.e. Covenants, Conditions and Restrictions. They also prepare guidelines and manage the properties of common interest like earmarking of space as well as construction of playground, parks, swimming pool, clubhouses etc.
After the development, the home owners association take over the management of the HOA, which either they do it themselves or at times, hand it over to some professional private firm through contract for its proper management. A Board of Director is set up to frame the policies and look over the management from its broader perspectives. Fees are collected from the home owner’s towards the maintenance of the locality, which may include the maintenance of the community recreational facilities like parks, swimming pools, clubs etc. It may also include the relocation of space for the arrangement of community functions like get-togethers, parties, necessary security provisions. Sometimes, maintenance of the streets along with the walking tracks also comes in the purview of the Home Owner’s Association.
The Home Owner’s Associations conduct meetings from time to time. Although the periodicity of the meetings is dependent upon the policy frameworks of the association, at least one meeting is held annually. The membership of people who have their property in the HOA is mandatory in nature. Members are allowed to attend most of the meetings but there are certain restrictions regarding their open participation. Some sensitive issues in the agenda of the meeting are also sorted out privately by the executive members. The board members themselves constitute the HOA themselves and thus they may elect their new board members from time to time through voting. This gives ample scope for the members of the HOA to have a say in the board.
The HOA is also empowered to impose fines against offenders. Cases of improper or illegal activities attract fines. Legal action is also taken for offenses of severe nature like non-payment of dues.
The HOA is in fact a body, whose sole intention is to make the life of its member more secure and trouble-free in the community. But some times, there have been instances when the home owners complain of irrational and intrusive ways of the HOA. Hence, if you are planning to buy a house, it is imperative that you investigate and be aware of the functioning of the HOA.
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Marc Oster
Y and M Real Estate LLC
