Why is it important to Know Your HOA rules and bylaws?
HOA rules and bylaws are essential to maintaining a certain standard of living and property value in a community. Therefore, it’s important for homeowners to follow them. But, you can’t follow something you don’t know or understand so it’s equally important to study your HOAs CC&R’s before you move in.
When does a developer hand over control of an HOA to homeowners?
Once a majority of the units in a particular development have been sold, the developer will hand over control of the HOA to the homeowners. From here, the HOA board may implement the existing rules and bylaws or choose to set up their own CC & Rs.
What are the obligations of a homeowners association?
Fee obligations: The HOA requires Homeowners to pay a certain amount every month to cover certain costs. This amount is known as HOA dues and it covers maintenance costs of common areas, insurance costs and it contributes to a rainy-day fund known as a ‘reserve fund’.
How long does it take to change the rules of an HOA?
Plus, the matter may require a community vote which takes even more time. If the HOA takes the latter route, your request might take up to six months, as the HOA will most likely consult with their attorney to determine the legal implications of altering the rule in question.
What to do if your HOA board is ignoring your rules?
„If you feel like the rest of the board is ignoring your association’s rules, keep reiterating that and bringing them back to the governing documents and voicing your objections when they make a decision,“ says Erin McManis, a senior associate at Mulcahy Law Firm PC in Phoenix, who advises many associations.
What are the responsibilities of an HOA board member?
Apart from having governing documents such as Covenants, Conditions, and Restrictions (CC&Rs) and bylaws, an HOA also has board members who ensure that the rules and regulations are being followed. They must deal with homeowners association violations fairly and even-handedly to ensure compliance from members of the community.
Can HOAs create new rules without amending the governing documents?
HOAs can also create new rules without having to amend the governing documents. Just make sure that there is a good reason for changing or amending your bylaws. For instance, rules that go against current local, state, and federal laws should be immediately changed.