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Can A HOA Manager Manage Different HOAs

Can an HOA manager manage different HOAs? This is a question that many HOA boards might ask. After all, when an HOA hires a manager, they expect top-notch services. Is that possible when one manager handles multiple communities? How many associations can a single manager manage at the same time?

 

Why Would an HOA Manager Manage Different HOAs?

Homeowners associations typically turn to an HOA management company when they require professional assistance. Management companies typically oversee several communities simultaneously. After all, it is a business, and it requires many clients to keep operations going.

Management companies assign managers to handle different HOAs under their portfolio to make this possible. This approach allows management companies to serve more communities effectively and efficiently while keeping costs low. Instead of assigning one manager per community, companies often split a manager’s time across several.

When an HOA manager handles multiple HOAs, they balance the needs of every community with the time they have. To board members, this may not seem like an ideal situation. However, it is possible to do so and still produce great results. It is usually standard practice because the demands of smaller HOAs or those with fewer amenities may not need full-time oversight.

When a single HOA requires more attention than others, the company may adjust the manager’s workload accordingly. The company may assign fewer additional communities to the manager or dedicate more support staff to work under the manager.

 

How Can an HOA Manager Manage Different HOAs?

For an HOA manager to juggle multiple communities, they must practice effective time management and clear communication. Managers often set specific schedules to visit each community regularly, attend board meetings, and stay in touch with board members and homeowners. While this schedule can be flexible, it is usually fixed to accommodate several associations within a timeframe.

An HOA manager can balance many communities through task prioritization as well. Prioritizing more pressing tasks and requests while delaying non-urgent ones helps keep things manageable. Moreover, a specific timetable allows managers to dedicate time to each HOA. The community has the manager’s undivided attention for a certain amount of time. After that, the manager can move on to the next community.

Technology also plays a crucial role in managing several HOAs. Management companies use specialized software to track maintenance schedules, respond to resident requests, monitor finances, and send updates to homeowners. With centralized systems, managers can efficiently keep track of each HOA’s needs, even from a remote location.

 

How Many HOAs Can a HOA Manager Handle?

An HOA manager can handle multiple HOAs at the same time. That much is clear. However, the number of HOAs they can manage simultaneously depends on a few factors. This includes the unique requirements of each HOA and the manager’s capacity. On average, a single HOA manager might handle between three to ten communities.

Here are the factors that influence how many communities a manager can handle.

 

how many HOAs can a HOA manager handle1. Size of Each HOA

A small HOA with minimal maintenance needs may require less time and effort. This allows a manager to handle more communities at once. Larger HOAs with more amenities, on the other hand, naturally demand more oversight. As such, the amount of work it takes to manage eight small communities may equal that of three larger communities.

 

2. Community Complexity

Complex HOAs tend to have more demands and needs that a manager must meet. These have many amenities, more homeowners, and larger budgets. The more involved an HOA manager needs to be, the fewer they can realistically handle simultaneously.

 

3. Support from the Management Company

Many HOA managers have a support team for accounting, maintenance coordination, and administrative work. This back-office administrative team alleviates some of the manager’s burden. With a great support system, an HOA manager can focus on more important things like strategy and community relations.

 

4. Manager’s Experience and Skills

An HOA manager with more experience and expertise tends to be better at handling multiple communities effectively. This is because they are more familiar with the common issues that plague an association. With this knowledge, they can easily address these issues and even prevent them before they happen.

 

hoa manager handles multiple HOAs5. Proximity of Communities

A manager can minimize travel time if the HOAs are close to each other. This makes it easier for them to oversee multiple HOAs at once. Proximity allows for more frequent visits and quicker response times.

 

Is it Okay for an HOA Manager to Handle Multiple HOAs?

It’s common for HOA managers to oversee multiple communities, and this practice is acceptable when done responsibly. With a balanced workload, a manager can handle multiple HOAs with efficiency. Many management companies have honed their systems and processes to enable managers to balance multiple communities without sacrificing quality.

However, problems may arise if a manager is stretched too thin. The same can happen if specific HOAs require more attention than they receive. Overloading a manager with too many communities can lead to slow response times, missed deadlines, and an overall decline in service quality.

To avoid these issues, boards should communicate with their management company. If they are displeased with the service of their manager, they should inform the company as soon as possible. This way, the company can look into the situation and trace the source of the problem. For instance, if the manager’s workload is too much, the company can scale back.

 

Can an HOA Request a Manager to Focus Exclusively on Their Community?

In certain situations, an HOA may want a dedicated manager who does not handle any other communities. While possible, this request is more common for larger, high-maintenance HOAs or those with extensive amenities. Assigning a single manager to a single HOA requires additional resources. This can raise management costs, which, in turn, can raise the fee for the HOA.

If an HOA needs a dedicated manager, it should discuss this with the management company. The board should let the management company know why they need a full-time manager. There is no guarantee that the company will accommodate this request. However, if the company does agree to assign a dedicated manager, the HOA board should be prepared to pay a higher fee.

 

How Does This Practice Affect Communities?

Having a manager who oversees multiple communities can have both benefits and challenges. Here’s how this arrangement might affect an HOA.

 

1. Cost-Effectiveness

Sharing a manager across multiple HOAs allows management companies to offer services at a lower cost. This helps keep fees manageable for the HOA and, in turn, the homeowners.

 

HOA Manager Experience and Expertise2. Experience and Expertise

When a manager has a diverse portfolio, they tend to have more experience dealing with an equally diverse set of problems. This gives them a broader understanding of an HOA’s challenges. With this perspective, the manager can be more effective in their field.

 

3. Potential Delays in Response Times

One downside when a manager balances multiple HOAs is their limited availability. This can lead to slower response times, especially if the manager deals with urgent issues in other communities.

 

4. Less Frequent On-Site Presence

Managers overseeing multiple HOAs may visit each community less frequently. This is because they must divide their time among more clients. Of course, it will still depend on the workload, schedule, and other factors mentioned above. Less frequent on-site visits can lead to reduced engagement.

 

Can an HOA Manager Manage Different HOAs? Answered!

An HOA manager can manage multiple HOAs at the same time. However, it has pros and cons, especially regarding its impact on communities. Boards should not be surprised that their community isn’t the only one their manager handles. If your board wants an exclusive manager, it is best to take it up with your management company.

Condo Manager helps HOA management companies juggle numerous communities simultaneously. Call us today at (800) 626-1267 or contact us online to request a demo!

 

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Do HOAs Increase Property Values?

Do HOAs increase property values? This is a question many people, especially homebuyers, ask. Before buying a home, you want to consider all of these factors. More often than not, your potential return on investment (ROI) is a top priority. You want to buy a home that will eventually have a higher value when you decide to sell it in the future.

 

Do HOAs Increase Property Values?

Homeowners associations have grown in popularity since the 1970s. Every year, more and more HOAs are popping up throughout the United States. Considering the benefits these communities bring, it is easy to see why they are increasing in number.

One of the most highlighted benefits of an HOA is its impact on property values. In your search for the perfect home, your real estate agent may have also mentioned it. But, do HOAs increase property values?

 

Does an HOA Increase the Value of Your Home?

For many people, property value is a chief consideration before buying a home. They want their investment to be worth more years from now, and they want to be able to sell the home for much more than they initially paid for it.

Several factors can influence the value of a home. One of these is the existence of a homeowners association. Does an HOA help increase house prices? Does it affect appraisal?

In a word, yes. Studies show that an HOA does have a positive impact on home value. According to the Community Associations Institute (CAI), an HOA can raise property values by 2% to 17%. Of course, the mere presence of the HOA isn’t enough. The HOA must work to preserve the neighborhood.

Another study in the Journal of Urban Economics found that houses within HOA communities are at least 4% or $13,500 higher than similar ones outside of associations. There is a clear correlation between home values and their location within HOAs.

 

How Does an HOA Increase Property Values?

Data shows that HOAs do have a positive influence on both HOA property values and individual home values. But how exactly do associations do this? What factors contribute to high property values within an HOA community?

 

1. Enhancing and Preserving Appearance

does an hoa increase the value of your homeHomeowners associations are known to invest in beautification projects. These associations are in charge of cleanliness and appearance, ensuring communities remain neat and pleasing to the eye.

Additionally, HOAs enforce architectural standards and landscaping guidelines for homeowners. Homeowners must adhere to these rules to ensure consistency and curb appeal.

Examples of such standards and guidelines include color palettes for home exteriors, fencing requirements, tree pruning requirements, and rules concerning exterior changes to your home. If homeowners wish to change something, they usually must seek approval from the HOA first.

While this may seem inhibiting to some, the existence of architectural rules helps maintain uniformity throughout the community. Associations have a certain aesthetic, and these rules ensure that homeowners adhere to those standards.

 

2. Property Maintenance

Homeowners associations are responsible for maintaining common areas, including lobbies, entryways, stairwells, elevators, parking lots, and the like. The HOA is also responsible for any amenities and facilities.

Meanwhile, homeowners have maintenance obligations, too. The HOA’s governing documents typically require owners to keep their own properties clean and well-maintained. Homeowners also usually adhere to specific rules concerning trash and snow removal.

 

3. Access to Amenities

Homeowners associations are known to have amenities and facilities that members and their guests can use. These can vary from one community to another. However, they usually include swimming pools, clubhouses, gyms or fitness centers, parks, and golf courses.

The HOA is responsible for maintaining these facilities. On the other hand, homeowners gain access to these spaces with their membership. The presence of these amenities and the exclusivity they offer add to the appeal of the community and the values of homes within it.

 

4. Enforcing Rules and Regulations

Enforcing Rules and RegulationsHomeowners associations enforce a variety of rules and regulations. These include rules about noise, pets, home businesses or commercial use, short-term rentals, and even parking. Most nuisances are covered in the HOA’s governing documents. This ensures a peaceful environment for all residents.

Holiday decorations are also only permitted at certain times of the year. When a particular date passes, and a homeowner still has their decorations up, the HOA may fine them. You won’t have to see Christmas decorations in mid-February because your neighbors “forgot” to take them down.

 

5. Encouraging Socialization

Living in an HOA community also encourages socialization. Homeowners associations typically host social events and gatherings to help build a strong sense of community and camaraderie. In these associations, neighbors know their neighbors, which helps minimize conflict.

 

6. Resolving Disputes

Speaking of conflict, an HOA will sometimes encounter neighbor-to-neighbor disputes. When neighbors have spats, the HOA can step in to enforce its internal dispute resolution process. This promotes harmony within the community and keeps homeowner satisfaction high.

 

7. Emergency Services

HOA Emergency ServicesDuring times of emergency, a homeowners association can come in handy. An HOA usually has an emergency preparedness plan that dictates how to evacuate residents and respond to specific disasters. This plan also typically includes a course of action in the aftermath.

Furthermore, most associations have contractors on retainer to handle emergencies, offering services such as debris removal and repairs.

An HOA’s reserve funds can also be very helpful in the event of unexpected costs or major repairs. These funds offer long-term financial protection, ensure the security of assets, and allow owners to avoid significant dues increases or special assessments.

 

Do HOAs Increase Property Values? Answered!

Homeowners associations do have a positive effect on property values. When an HOA is well-managed and properly maintained, it can enhance curb appeal and raise the value of homes. Unfortunately, it is far too easy for an HOA to have the opposite effect if it has an incompetent board or management team.

Let Condo Manager be the answer to your troubles. With our state-of-the-art software, your HOA board or management company can ensure seamless operations with just a few clicks. Call us today at (800) 626-1267 or contact us online to request a demo!

 

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What Are The Corporate Transparency Act HOA Requirements?

The Corporate Transparency Act HOA requirements are a crucial set of guidelines that community associations must follow to comply with new federal regulations. Board members should these requirements to ensure compliance and avoid severe penalties for their HOA.

 

What is the Corporate Transparency Act?

The Corporate Transparency Act (CTA) was passed by Congress in 2021 as an amendment to the Bank Secrecy Act. The primary aim of the CTA is to help law enforcement agencies identify and track suspicious financial activities. These include terrorist financing and money laundering. The intention is to enhance national security.

To achieve this, the CTA mandates that certain entities report information about their beneficial owners to the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN). Homeowners associations also fall under this category.

 

Who Must Comply With the Corporate Transparency Act?

The CTA applies to a broad range of entities, including corporations, limited liability companies (LLCs), limited partnerships, statutory trusts, business trusts, and non-U.S. corporations registered to do business in the United States. Entities that file with the Secretary of State or a similar office under state law (or an Indian tribe) must also comply.

This extends to community associations such as condominiums and homeowners associations. Most HOAs are incorporated as nonprofit organizations.

 

Corporate Transparency Act HOA Requirements

Homeowners associations must adhere to several specific requirements under the CTA, including reporting beneficial ownership information (BOI). Understanding the definitions of beneficial owners and company applicants, knowing where and when to submit BOI reports, and complying with filing deadlines are integral.

 

Requirements for BOI Reporting

Homeowners associations must include the following information in their BOI reporting to FinCEN:

  • Business name
  • Full legal names, current home addresses, birthdates, and identification numbers (state ID, passport, or driver’s license) of the beneficial owners
  • If applicable, full legal names, current home addresses, birthdates, and identification numbers (state ID, passport, or driver’s license) of company applicants

 

What are Beneficial Owners?

Beneficial owners are individuals who have significant control over the association or hold at least 25% ownership. This includes board members and developers or declarants who own 25% of the separate interests.

Individual unit owners are generally not considered beneficial owners unless they meet the 25% ownership requirement. Intermediaries, custodians, agents, nominees, employees without senior officer roles, individuals with future inheritance rights, minor children, and creditors do not fall under the classification of beneficial owners. They serve as exemptions.

 

What are Company Applicants?

Company applicants are the individuals responsible for creating or registering the company. If multiple persons are involved, they direct or control the filing.

For community associations established or registered on or after January 1, 2024, filing the company applicant information is mandatory. Each community can designate up to two company applicants. They may be third-party reporting companies, HOA board compliance officers, or HOA general counsel. Experts recommend opting for a third-party reporting company due to their reliability and accuracy in filing.

 

Where to Submit BOI Report

Homeowners associations must submit the Beneficial Ownership Information (BOI) report to FinCEN. FinCEN collects and maintains the BOI reports in a secure and confidential database.

 

Deadline for Submitting BOI Report

The CTA became effective on January 1, 2024. Existing associations must comply and file their BOI reports by January 1, 2025. Meanwhile, new entities created on or after January 1, 2024, have 30 days to register with FinCEN. The initial compliance deadline for new entities is March 31, 2024.

An HOA must file any changes within 30 days of becoming aware of the change. These changes can include additions, amendments, and corrections. Examples include board member replacements, changing addresses, etc.

 

Consequences of Non-Compliance

Non-compliance with the CTA can lead to severe penalties. Initially, reporting violations incur fines of $500 per day. However, FinCEN adjusts the amount annually for inflation. As of this writing, the fine is $591 per day.

Willful non-compliance or violation of BOI requirements can result in penalties of up to $10,000 and two years of imprisonment. Therefore, board members must meet all Corporate Transparency Act HOA requirements to avoid these harsh consequences.

 

Exemptions to the Corporate Transparency Act

Certain entities are exempt from the CTA requirements. These exempt entities include banks, credit unions, insurance companies, venture capital firms, investment companies, accounting firms, public utilities, clearing agencies, securities exchanges, and more. Tax-exempt organizations under the IRS, such as community associations with 501(c) status, are exempt. However, they must prove their tax exemption eligibility when filing.

 

The Importance of the Corporate Transparency Act HOA Requirements

Complying with the CTA is vital for several reasons. Firstly, it helps maintain transparency and accountability within homeowners associations. By reporting beneficial ownership information, HOAs contribute to the broader goal of preventing illicit financial activities such as money laundering and terrorist financing.

Secondly, compliance helps avoid the severe penalties associated with non-compliance, protecting the association from financial and legal repercussions. Lastly, adhering to these requirements can enhance homeowners’ trust and confidence in the governance of their community.

 

The Final Word

Understanding and adhering to the Corporate Transparency Act HOA requirements is crucial for community associations. The CTA aims to enhance national security by preventing illegal financial activities. Compliance is mandatory for many entities, including HOAs. By familiarizing themselves with the requirements for BOI reporting, HOAs can ensure they meet their obligations and avoid the severe penalties associated with non-compliance.

Condo Manager offers automated HOA management solutions to homeowners associations, condominiums, and HOA management companies. Call us today at (800) 626-1267 or contact us online to request a free demo!

 

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Can An HOA Restrict Security Cameras?

Can an HOA restrict security cameras? This is one of the most common questions homeowners ask. Planned communities are known for having stringent rules about what residents can and can’t do. When it comes to security cameras, though, the answer isn’t always straightforward.

 

Can an HOA Restrict Security Cameras?

Security cameras have become widely accessible over the past few decades. Compared to the ones that came before, security cameras nowadays are smaller, easier to install, and more versatile. Thanks to Internet capabilities, owners can also access footage through smart devices.

Given the advancement of home security tech, it’s no surprise that many homeowners find security cameras an easy investment. After all, security cameras can help deter crime and catch footage of criminal acts. Surveillance cameras have become very useful to homeowners, with porch pirates still a widespread problem in the United States.

However, security cameras aren’t always allowed in community associations. Condominiums and HOAs typically have rules restricting security cameras, even if owners argue that they intend to install them on private property.

Three key considerations when installing security cameras in HOAs are state and local laws, the association’s governing documents, and the reasonable expectation of privacy.

 

State and Local Laws

Homeowners and HOA boards should first consider state and local laws. The law prohibits associations from banning security cameras in some states and local areas.

One example is Texas. According to Texas Property Code Section 202.023, a property owners’ association may not prevent an owner from installing security measures, including a security camera. However, the provision doesn’t apply to some types of condominiums and property owners’ associations.

In general, though, associations can still regulate the appearance and placement of the cameras. Since this largely depends on the association’s location, it’s best to consult a lawyer to confirm.

 

Check Governing Documents

The next thing homeowners and HOA boards should consider are the governing documents. More specifically, an association’s CC&Rs should outline the rules concerning security camera installations.

Some associations’ CC&Rs explicitly restrict security cameras, mentioning them by name. However, security cameras more often than not fall under the scope of an association’s architectural guidelines. These guidelines typically prohibit owners from making architectural changes or improvements without the HOA’s approval.

 

Reasonable Expectation of Privacy

Finally, homeowners and HOA boards should consider the residents’ reasonable expectation of privacy. This means that the HOA nor its residents can position their cameras so that they point to spaces where people expect privacy. Examples include windows into a neighbor’s home and backyards.

 

can hoa restrict security surveillanceCan HOA Ban Security Cameras?

Whether or not an HOA can ban security cameras depends on state/local laws and the association’s CC&Rs. As discussed above, state and local laws may prevent an HOA or condominium from prohibiting security cameras altogether. Moreover, the association’s governing documents should indicate its policies for security camera installation. At the very least, the HOA’s architectural standards should cover it.

 

Can HOA Restrict Security Surveillance in Common Areas?

An HOA can prohibit homeowners from installing security cameras in common areas. Common areas are shared spaces, so no single homeowner or group of homeowners should be able to monitor them through cameras.

While an HOA isn’t typically required to install security cameras in common areas, it may choose to do so. The HOA board must consider some liability involved here, though. The HOA must not place them in private areas, such as shower rooms and bathrooms. Cameras should also never point at places where people have a reasonable expectation of privacy, such as windows and backyards.

 

HOA Security Camera Policy

If the HOA does install cameras in common areas, it should create a security camera policy that considers the following points:

  • The purpose/objective of the cameras
  • The scope of the security cameras
  • What to do with the footage
  • Where to store the footage (never on personal devices)
  • The request process if someone needs the footage for evidence
  • Who can view the footage (it’s best to limit this to key people only)
  • Duration of storage before destroying it
  • The placement of the security cameras
  • Aesthetics
  • A maintenance plan for the cameras, including software updates

Board members should make sure to notify residents of this policy. The policy should also align with federal, state, and local laws on privacy, surveillance cameras, audio recordings, and footage. Lastly, it’s best to post signs indicating a security camera is present in common areas. This way, people know they’re potentially being recorded.

 

Can an HOA Force You to Remove Security Cameras?

If an owner installs a security camera improperly or without the HOA’s approval, the HOA may ask the owner to take it down. In general, associations can ask owners to reverse or remedy anything that violates community rules. This includes any breach of security camera policies or architectural guidelines.

Again, security cameras may fall under an association’s architectural rules. If an owner makes an architectural change without getting the HOA’s approval, the board may force the owner to undo the change. In this case, it means removing the security camera at the owner’s expense. The owner may even need to remove the camera and apply for architectural approval before reinstalling it.

Therefore, if homeowners don’t want to waste time and money undoing unauthorized changes, they should follow the association’s requirements and procedures. In doing so, owners can even avoid potentially incurring violation fines.

 

Allowing Owner-Installed Security Cameras

can hoa ban security camerasAn HOA or condo association can permit the installation of security cameras on private property. However, to ensure uniformity and maintain property values within the community, an association should regulate two things: appearance and placement.

  • Appearance. The design of owner-installed security cameras should stick to the community’s aesthetic. Nothing that stands out too much or doesn’t align with the rest of the neighborhood’s appearance. Fortunately, security cameras come in all shapes and forms nowadays. As such, owners shouldn’t have a hard time fulfilling this requirement.
  • Placement. In addition to upholding neighbors’ reasonable expectation of privacy, an HOA may also wish to regulate the exact placement of the security camera. This helps make sure that cameras aren’t too obtrusive.

 

Can an HOA Restrict Security Cameras? Answered!

Security cameras offer many benefits, but they don’t always go hand in hand with homeownership in HOA communities. Residents should understand that HOAs and condos have rules that can impede their ability to decorate or change their homes as they please, including the installation of security cameras. However, such rules exist to enhance curb appeal and protect property values.

Is your association having trouble keeping up with architectural requests and violations? Condo Manager is the solution. Call us today at 800-626-1267 or contact us online for a free demo!

 

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13 Common HOA Violations To Avoid

Homeowners should familiarize themselves with the most common HOA violations. In doing so, they can take the proper precautions to avoid committing these violations, thereby protecting themselves from potential penalties. It also saves their HOA the headache and contributes to a better community.

 

Common HOA Violations That Homeowners Commit

Homeowners associations are known for their many rules and regulations. When a resident breaks a rule, it results in a violation, which comes with certain penalties. These rules, though, can vary from one community to another. That said, some violations happen more often than others.

Here are the most common HOA rules violations that homeowners should know about.

 

1. Architectural Changes

Perhaps one of the most common HOA violations is a violation of architectural standards. An HOA typically has architectural guidelines in place to maintain the aesthetics of a community. For example, an HOA may prohibit owners from painting their homes a certain color or require owners to stick to a specific design scheme.

Additionally, many associations require owners to seek permission from the HOA before making any architectural modifications or improvements. Even something as trivial as changing a door could require approval from the HOA. If an owner breaks the architectural guidelines or doesn’t seek approval first, the HOA may force them to reverse the unauthorized changes at their own expense.

 

2. Landscaping

Most associations, especially single-family communities, have landscaping rules that owners must follow. These can range from requiring owners to trim their lawns regularly to having a pre-approved plant palette. As with architectural rules, landscaping rules aim to maintain a certain aesthetic in the community. They also ensure that homes look clean and well-kept.

 

3. Exterior Storage

Sometimes, a homeowner will want to build an external shed or a detached garage. Exterior storage, though, is likely something that an HOA regulates, too. Before owners commence a shed project, they should check their HOA rules. Many HOAs prohibit exterior storage altogether, while others have design or placement requirements.

 

4. Rentals

One of the top HOA violations across the board involves rentals. Many associations prohibit or restrict rentals in the community.

Such a policy aims to maintain the quality of life within the neighborhood. After all, rentals, especially short-term rentals, can interfere with a community’s security and perceived luxury. Additionally, it’s hard to run an HOA that doesn’t primarily consist of resident-owners.

 

5. Noise

Peace and quiet are things that many homeowners value in an association. This is why most HOAs have rules that limit noise within the community. Unfortunately, due to ignorance of the rules or a general lack of concern for their neighbors, countless residents still consistently break their HOA noise restrictions.

 

6. Pets

One of the most common HOA violations has to do with pets. Condominium associations, in particular, tend to restrict pets because of the high number of shared spaces within the development. Plus, with units so close to each other, it’s hard to ignore the sound of barking or howling dogs in the middle of the night. While some HOAs only limit the number or types of pets owners can keep, others ban them altogether.

 

7. Vehicles

It’s not unusual for an HOA to have restrictions on vehicles. While sedans and SUVs are typically allowed, many associations draw the line at commercial vehicles, trucks, boats, and RVs. The reasoning behind this kind of rule is simple. Such vehicles tend to be large and unsightly, so visitors and potential buyers may get turned off when they see them parked in a driveway or on the street.

 

8. Parking

hoa parking violationSpeaking of vehicles, parking restrictions are also often violated by residents. Parking rules can vary depending on the association. Some require owners to keep their vehicles parked in their garage, while others allow vehicles in the driveway. Most associations also have overnight parking rules for guests.

Regarding street parking, though, it generally depends on the HOA’s authority. Associations typically have control over private streets, i.e., streets that they own and maintain. However, the authority of public streets usually rests with the local government.

 

9. Trash

Some of the most common trash rules include bin placement, bin dimensions, and timing rules. If an owner, for example, leaves their trash out on a Tuesday night instead of the permitted Wednesday night, they have violated a rule. Again, the purpose of such a rule is to maintain cleanliness and the visual appeal of the association.

 

10. Holiday Decorations

Many associations also have rules regarding holiday decorations. For example, an HOA may only have a window or timeframe for owners to put up decorations. Once that window closes, owners must take down their decorations or risk a penalty. These rules can also ban offensive or vulgar decorations that are too noisy and flashy.

 

11. Commercial Use

It’s hard to put together a list of common HOA violations without mentioning commercial use restrictions. More often than not, an HOA only allows owners to use their homes for residential purposes. When an owner converts their home into a business or commercial establishment, it results in a violation.

Of course, it’s different when an owner has a home office. Associations typically permit that, as it’s not as invasive. For instance, an owner who sells merchandise or operates a tattoo parlor from their home will likely disrupt the community’s peace, as either option would see a dramatic increase in vehicle and foot traffic.

 

hoa fencing violation12. Fencing

While white picket fences are a traditional part of the American dream, they might not always align with an HOA’s rules. Many associations have restrictions concerning fences. For example, one HOA may have a height requirement or limit, while another may only allow certain materials for fence construction.

 

13. Social Gatherings

An HOA might organize the occasional social event occasionally, but that doesn’t mean homeowners can, too. Some HOAs have rules limiting an owner’s ability to throw a party, such as permitting only a set number of guests, restricting guest parking, and prohibiting excessive noise.

 

Frequently Asked Questions

 

Are HOA violations legal and enforceable?

Whether or not HOA rules or violations are legal and enforceable depends on state laws and the HOA’s governing documents. More often than not, state laws give HOAs the authority to enact and enforce rules. The same authority may also be found within the CC&Rs and bylaws.

Remember, though, that certain state or local laws may clash with an HOA’s rules. For instance, an HOA in California may not prohibit owners from keeping at least one pet because that conflicts with Civil Code Section 4715. Because laws differ, homeowners should check their state and local laws to know their rights.

 

Who checks for HOA violations?

Typically, inspecting for violations and enforcing the rules falls on the HOA board’s shoulders. However, in some communities, a separate committee may hold this responsibility, with the board acting as the final decision-maker. If an HOA is professionally managed, the manager may perform inspections to ensure rule compliance.

 

How do I know if I have a violation?

A homeowner usually receives a letter from the HOA informing them of their violation. This letter typically contains information about the violation, including the specific rule that was violated, an opportunity to be heard, and relevant penalties the violation potentially carries.

 

What happens if a homeowner violates the rules?

If a homeowner violates the rules, they can face several possible consequences. These consequences can differ from one association to another. More often than not, though, they involve monetary fines, a suspension of privileges, or even legal action.

 

Why did I get a violation, but my neighbor didn’t?

Homeowners associations must enforce the rules reasonably, fairly, and consistently. Selective enforcement makes an HOA vulnerable to liability. It also questions the board’s credibility and can render some rules void.

That said, homeowners shouldn’t jump to or draw conclusions without evidence. If an owner suspects they are being treated unfairly, it is best to take it up with the HOA board or community manager. It is possible that there was simply a misunderstanding.

 

What happens when I get an HOA violation?

A homeowner who receives a violation letter typically has a chance to attend a disciplinary hearing. Many states even require HOAs to allow owners to be heard. At this hearing, owners can argue their side, and the board will also present its case. From there, the HOA board will decide whether to pursue disciplinary action.

 

How do you get around an HOA?

Unfortunately, unless a rule conflicts with the law, it is virtually impossible to get around it. A homeowner may contest a rule and present evidence supporting their case at the disciplinary hearing. However, aside from selling their home, there is no way to leave or get around an HOA. Homeowners agree to fulfill certain obligations, including following the rules, when buying a home within the community.

 

Are HOA board members exempted from the rules?

No, board members are bound by the same rules as other homeowners. Just because a board member is in a position of authority doesn’t mean they can get away with a violation scot-free. The rules and respective punishments apply to board members all the same. They don’t receive special treatment.

 

Preventing Breaches

It is important to know the most common HOA violations that homeowners commit. This way, owners and residents can arm themselves with the right knowledge and avoid making the same mistakes. Considering violations can lead to fines and even legal action, it is well within owners’ best interests to keep up.

Managing violations can come as a challenge for even an experienced HOA board. With Condo Manager, though, it becomes a breeze. Call us today at (800) 626-1267 or contact us online to book a demo!

 

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There’s More To Putting Up HOA Fences That Homeowners Know

In planned communities, HOA fences have become a popular topic of discussion. While homeowners may feel it is their right to put up a fence any time they want, it’s not so simple when an HOA is involved. There are rules that homeowners must take into account. Sometimes, HOAs even prohibit fences altogether.

 

Why Are HOA Fences Regulated?

The primary objective of a homeowners association is to protect property values in the community. One way it accomplishes this is through the enforcement of architectural rules. Architectural rules cover many elements, including home exteriors, sheds, driveways, and roofs. They can even cover fences.

It is not uncommon to find HOA fence restrictions in a community’s governing documents, especially in single-family neighborhoods. These restrictions seek to promote consistency in the design and character of the homes in the association. When homes look uniformly and aesthetically pleasing, their property values tend to increase thanks to a boost in curb appeal. The community can also market itself better to potential buyers.

 

What Happens If You Put Up a Fence Without HOA Approval?

The chief consequence of erecting an unapproved fence is its removal. Homeowners may feel tempted to bypass HOA rules and put up a fence without securing permission from the board or architectural committee. This will only result in trouble, though.

Apart from being asked to remove the fence, homeowners may also face certain penalties. Putting up an unapproved fence is typically a violation of the rules, which may carry monetary fines. In some cases, an HOA may even fine a homeowner for every day the fence remains up.

As such, homeowners should aim for an HOA-approved fence. In doing so, they can avoid the violation strike and fine. They can also avoid the hassle of putting up and tearing down a fence, along with the time and monetary expenses that come with it.

 

Common HOA Guidelines on Fences

Fence rules usually fall under an association’s architectural guidelines. Therefore, homeowners must be prepared to go through the application process when seeking HOA-approved fencing. This typically means filling out paperwork, submitting supporting documentation (blueprints, design features, etc.), and waiting for the board’s decision.

To make the process smoother, homeowners should familiarize themselves with the fence rules in their HOA. While the rules on HOA fences can vary from one community to another, some are more common than others.

 

1. Setback

A setback is the required distance between a fence and a property line. Apart from HOA-mandated setbacks, there may also be local ordinances that require owners to install fences a certain distance from their property line. Because it’s difficult to determine property lines by looking at the lawn, homeowners should check their community plat or property survey.

 

hoa fence height restrictions2. Height Requirement and Restriction

Most associations require fences to meet a certain height or never go beyond a certain height. For example, an HOA may mandate that fences stand at least 6 feet. It is also common for HOAs to impose a limit on the width of individual slats. More often than not, such requirements concern aesthetics and visibility. If fences are too high, they may obstruct views of the neighborhood.

 

3. Design Requirement

Every community has a personality or style, and homes must match this in terms of design. After all, a futuristic fence would look out of place in a community filled with colonial houses. That is why fences in HOAs must typically follow the neighborhood’s aesthetic. In addition to the style, associations may also regulate the color scheme of fences.

 

hoa fence permit4. Material/s Used

Another thing associations may regulate is the material homeowners use to construct fencing. Some HOAs prohibit homeowners from using certain materials when building fences, while others are much looser in their material requirements. It depends on the association.

 

5. Licensed Contractor

Some owners might want to construct their fences themselves, but it is essential to review the HOA’s rules first. Some associations require homeowners to hire licensed contractors for architectural improvements or modifications. This is mainly due to liability and zoning concerns, as contractors are more adept at construction and aware of local laws. There may be city or county permits that must be secured in addition to an HOA fence permit.

 

fences in hoas6. Maintenance Obligations

In HOA communities, homeowners must fulfill certain maintenance obligations. These obligations extend to fences as well. For example, an association may require homeowners to clean and even repaint their fences every X number of days or weeks.

 

Frequently Asked Questions

Here are the answers to the most frequently asked questions about HOA fences.

 

Can an HOA Prohibit Fences?

hoa guidelines on fencesAn HOA not allowing fences is not uncommon. Countless associations prohibit homeowners from constructing fences. However, whether or not a particular HOA has this power depends on state laws and their governing documents.

Some state laws prohibit HOAs from banning fences altogether. One example is Texas. In 2022, the Texas government passed a law prohibiting associations from enforcing a restrictive covenant that prevents owners from adopting security measures, including installing a perimeter fence.

Homeowners should also ensure that fence restrictions exist in the governing documents of their HOA. If the restrictions are absent in the governing documents, then the HOA may not have the power to enforce them.

 

What Is the Legal Height of a Fence Between Neighbours in an HOA?

Most fencing laws and ordinances are broad or unspecific. However, local laws often limit residential artificial fences to 4 feet in front yards and 6 feet in backyards. That being said, it depends on the location. Homeowners should check their local laws as well as their HOA’s rules.

 

Who Owns the Fence Between Two Properties?

Fence laws can vary from one state to another. In general, though, two homeowners who share a fence (called a boundary fence) also share ownership over it. That means they also share the maintenance obligations related to that fence. If a homeowner wishes to retain ownership of a fence, it is important to allow a setback.

 

How Do I Get Around HOA Fence Rules?

The short answer is you don’t. Unless an HOA’s fence rules are illegal or unenforceable, homeowners must follow them. Homeowners enter an agreement with their HOA the moment they buy their house. This agreement legally binds homeowners to the covenants and rules of the association.

 

Can My HOA Force Me to Take Down My Fence?

Yes. If the fence violates the HOA’s rules or was installed without permission, the HOA can force a homeowner to remove the fence. Removing the fence also comes at the expense of the owner. This is why homeowners need to review their governing documents first and follow the rules of the HOA.

 

Don’t Be Afraid to Ask for Help

Homeowners may find it tricky to navigate the rules surrounding HOA fences. Fortunately, they can ask for help from their HOA board or the community manager. It is always better to seek advice than to act without guidance. In doing so, homeowners can avoid violations and the related costs that come with them.

HOA management software makes violation tracking and communication easier for everyone. Get the best in the industry with Condo Manager. Call us today at (800) 626-1267 or contact us online to request a demo!

 

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