Summarize the following:
Generally, when a home (or lot) that is part of an HOA is purchased, the buyer automatically becomes a member of the HOA. As a member, the homeowner must comply with the rules of HOA membership, including payment of HOA dues and following all conditions and restrictions in the community. While the HOA's primary function is to protect and maintain the value of both the private and communal property in the community, the actions of the HOA's board and its interpretation and application of the HOA's rules sometimes cause problems for individual homeowners. Are you allowed to put up a storage shed? Can you paint your house a different color? Does your tree need to be pruned? Can you park your R.V. in the driveway? The HOA probably has rules applicable to each of these circumstances. Different states have different requirements for what documents the HOA must maintain as part of the HOA's rules. Most frequently those documents include: (1) the Articles of Incorporation, (2) the Bylaws, and (3) the Declaration of Covenants, Conditions, and Restrictions. These documents collectively describe the powers, limits, and obligations of the HOA. These documents also usually include a description of how the rules can be amended, how the HOA board is elected (or removed), what powers the board holds, how meetings are called, and the consequences of any violations of the HOA rules by the members. The Covenants, Conditions, and Restrictions (CC&R) document outlines the rules for community members, such as how they maintain the outsides of their homes and what they can, and cannot, do in public inside the community. The HOA's rules operate much like a contract between the HOA and each individual member-homeowner. Any breach of the contract could be grounds for legal action. One of the remedies available to the HOA for the homeowner's breach of the HOA rules is foreclosure against the homeowner's property. In general, the Board of Directors is responsible for managing all matters concerning the homeowners peaceful enjoyment of their homes and the common areas of the residential community. The Board may delegate daily management functions to an outside property management service, however, ultimate control and responsibility remains with the Board. The Board's powers and duties to all homeowners within the HOA include enforcing the rules governing the ownership and management of the residential community, paying all taxes and assessments and avoiding liens upon the common area, securing general liability insurance on behalf of the HOA, securing contracts for materials and services in order to maintain the common area, electing and/or organizing committees, officers, or employees of the HOA, and overseeing the preparation of budgets and financial statements on behalf of the HOA, . They are also responsible for writing all rules of operation for the common areas and facilities within the HOA and notifying all homeowners of these rules on a regular basis, notifying homeowners of any violation of the rules and conducting investigative meetings and/or disciplinary proceedings against members of the association for violations of the rules, and placing a lien on any homeowner's property when timely payment of dues and assessments are not made. Owning a home that is managed within a HOA obligates you to accept and follow the HOA's rules. The CC&R sets the rules and responsibilities of living within your residential community and enjoying the common areas within the development maintained by the HOA. Homeowners must follow all written rules set forth within the CC&R, for example, parking restrictions, home maintenance, home improvement, and prohibited conduct. Homeowners must pay all fees and assessments on a monthly basis to contribute to the cost of repairing and maintaining the common areas within the residential community. Homeowners cannot refuse to pay any fees and assessments, however, a member has the right to take action against the HOA in order to contest any unwarranted charges.
Understand your relationship to the HOA. Review your HOA's rules. Understand the duties and responsibilities of the HOA board. Understand your duties.