HOA rental restrictions are an essential consideration when leasing a home. Homeowners’ associations have varying rules when it comes to rentals. Its residents may not always have free rein. As a homeowner, it’s best to familiarize yourself with a few rules before renting out your home in an HOA.

 

Can an HOA Restrict Rentals?

Homeowners have to follow several HOA rules to live peacefully in the community. These include regulations regarding lawn maintenance, pets, and parking. But, one lesser-known rule concerns renting. More specifically, rules that impose conditions and limits to renting or the prohibition of renting altogether.

This may seem unfair because it violates a person’s right to free use of property. But courts throughout the nation have continued to uphold HOA rental restrictions. They uphold these prohibitions as long as they were made for a legitimate purpose or to promote the HOA’s interests. As a result, homeowners cannot lease their homes if the HOA prohibits it for a good reason.

On the other hand, some states have more fine-tuned HOA rental restrictions regulations. For example, California disallows common interest developments from prohibiting or unreasonably restricting rentals of separate interests, accessory dwelling units, or junior accessory dwelling units. It also prevents HOAs from imposing rental caps below 25%.

Meanwhile, Arizona’s law states that HOAs cannot prohibit homeowners from leasing their homes unless it is expressly forbidden in the declaration. It also states that rental restrictions cannot be applied to pre-existing homeowners. Other regulations prohibit HOAs from requiring homeowners to submit the tenant’s lease agreement, rental application, credit report, and other private information.

 

Why Do HOAs Impose Rental Restrictions?

Generally speaking, rental restrictions aim to protect property values and promote community standards. An HOA with more renters usually sees higher liability insurance rates and lower property values. Other financial institutions, such as banks, are also more hesitant to offer loans to HOAs with more renters.

Moreover, HOA rental restrictions ensure the community’s residents are invested in the neighborhood’s success. Permanent residents are likelier to comply with community rules and maintain the property. Meanwhile, renters are more likely to violate HOA covenants because they will eventually leave.

Finally, rental restrictions usually promote stability within the HOA. They also foster a better sense of community. Homeowners typically want to live in a place where they know all their neighbors. It offers more security and brings them peace of mind.

 

HOA Rental Restrictions Homeowners Should Know Of

Homeowners must familiarize themselves with their HOA’s rules on rentals. Here are some sample HOA rental restrictions that are common in HOA communities.

 

1. Rental Caps

HOA rental caps restrict the percentage of properties that can be rented out at a time. Each HOA board can meet to define a suitable percentage for the community. But, as a standard, most homeowners’ associations impose a 20% rental cap. To enforce the limit, the HOA board has to approve rental requests. It usually comes on a first-come, first-served basis. After meeting the cap, the remaining applicants can be waitlisted.

The HOA may also impose a limit on who is eligible for application. Oftentimes, only homeowners who have lived in the community for a set period are qualified. This prevents investors from simply buying up community homes and renting them out.

 

2. Lease Restrictions

HOA lease restrictions are limitations that must be included in any lease agreement. Common restrictions include a minimum lease period of 30 days. Some restrictions also compel the tenant to comply with the HOA’s standards, allowing landlords to evict defiant tenants.

 

3. HOA Short Term Rental Restrictions

Does an HOA allow renters to stay only for a short period? Most communities impose short-term rental constraints. Sample HOA short-term rental restrictions include prohibitions on Airbnb rentals or nightly rentals. Others may impose a minimum rental period of 30 days.

 

4. Rental Duration Restrictions

Some communities may impose constraints on rental durations. For example, they might allow homeowners to rent out their property for only two years. Meanwhile, others have more specific conditions. For instance, the HOA may require homeowners to live in the home for 3 years at a time in between renter transitions. Regardless, the HOA will usually include these requirements in their CC&Rs.

 

5. Commercial Rental Restrictions

Homeowners’ associations may impose commercial rental restrictions. These prohibit homeowners from renting out their property for commercial use. With these restrictions in place, tenants cannot lease the property to use it as an office or retail shop.

 

6. Room Rental Restrictions

A homeowner may think renting out a room does not violate an HOA’s rules. After all, they still live on the property. But, some HOAs do impose rules on room rentals. With these restrictions in place, homeowners cannot rent their spare room — even to friends.

 

7. Condo Board Approval for Renters

Owners of condo units may need to contend with specific rental restrictions in condominiums. These condo rental restrictions include the requirement of having the condo board approve the rental request. The condo board usually observes the same approval process as HOAs.

 

Other HOA Rental Rules and Regulations

Some HOAs also impose regulations on the rental process. These aren’t restrictions per se, but they are things homeowners must abide by if they want to lease their property.

 

Rental Fee

Homeowners associations may charge rental fees to cover associated fees. The HOA member pays this monthly, quarterly, or annually. Typically, associations charge 5-20% of a homeowner’s monthly maintenance fee.

 

Tenant Screening

Many homeowners’ associations screen prospective tenants. This allows the HOA to avoid renters that might harm the community. Often, the board will implement this by asking for the tenant’s application form. The board will then review the application before the homeowner can finalize the lease agreement.

However, some states do expressly prohibit tenant screening. As such, homeowners must familiarize themselves with state law if their HOA board asks to see a tenant’s application form. In addition, HOAs must follow the Fair Housing Act when screening tenants. They cannot discriminate against people due to race, religion, national origin, disability, family status, or sex.

 

Credit Check

Besides screening application forms, HOAs may also run a credit check on prospective tenants. They may not allow tenants with poor credit or those who have been evicted before. Alternatively, HOAs may charge higher fees to homeowners when there is a greater risk.

 

Do HOA Rental Restrictions Need To Be Public?

State laws vary when it comes to disclosing rental restrictions. Therefore, homeowners should check their respective local and state laws before accusing the HOA of noncompliance.

But, as a general rule, homeowners’ associations will include rental restrictions in their public declarations. Most homeowners should have received a copy of these documents before closing on the home. Deed titles also come with the HOA’s covenants and restrictions.

 

How To Get Around HOA Rental Restrictions

Homeowners often want to get around their HOA’s rental restrictions. They want to be free to use their property and profit from it. But, homeowners should exercise caution as violation may result in legal action. They should take care to make sure they are not directly violating any prohibition.

How should a homeowner get around rental restrictions? The best way is to carefully read the rules, restrictions, and covenants. Homeowners should also consult the HOA board or HOA manager before they begin their rental plans. When in doubt, they can also review the rules with a legal professional to understand what they can and cannot do.

 

The Consequences of Renting Without HOA Approval

An HOA can enforce rental restrictions when a member does not comply with the rules. But, they can only impose penalties and other disciplinary actions on the homeowner. They cannot penalize or evict the tenant because they are not a association member.

One way an HOA enforces its restrictions is by imposing fines. It can also enact other disciplinary actions stated in the governing documents. If all of these methods fail, homeowners’ associations can also file a lawsuit against the homeowner.

 

Always Check Your HOA’s Rules and Regulations

HOA rental restrictions are often a source of conflict within communities. But, reasonable restrictions do benefit the community. Moreover, noncompliance can come with some unpleasant consequences. Before a homeowner leases their property, they should always check the HOA’s rules. They should also understand local and state laws to ensure both they and the HOA board comply with legislation.

Condo Manager provides premium solutions for HOA management. Contact us today at (800) 626-1267 or get in touch with us online for a free demo!

 

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An HOA community garden is a great way to engage residents and add some life to the neighborhood at the same time. But, how exactly do you start one?

 

The Benefits of Creating an HOA Community Garden

Gardening has become a popular activity in the United States. In fact, in 2020 alone, more than 39 million households participated in vegetable gardening. This is a sharp increase from 2019 when only 31.9 million households took up the activity.

But, not everyone has enough room on their property to grow vegetables, herbs, and flowers. Plus, for homes in HOA communities, there may be landscaping rules that prevent owners from taking full advantage of their yards. This is where an HOA community garden comes in.

More and more homeowners associations are taking the leap to create community gardens in their neighborhoods. The move sometimes is borne out of a need to use extra space; other times, it’s a result of an HOA’s eco-friendly initiative. Whatever the case may be, a community garden in your HOA can have several advantages.

Here are the top reasons why you should look into getting your own community garden up and running.

 

1. Good Exercise for Residents

Gardening is an excellent way to get some much-needed sunlight and sweat it out. In other words, it makes for good exercise. A community garden encourages residents to spend time outdoors, roll up their sleeves, and use some elbow grease. While not exactly a strenuous activity, gardening can still manage to get the heart pumping. Plus, it gives residents an opportunity to learn about different types of plants and how they grow.

 

2. Adds Beauty and Functionality

A community garden can enhance the appeal of the neighborhood. Simple landscaping does wonders to make concrete sidewalks look great. Can you imagine what a whole bed of colorful flowers and vegetables can do?

In addition to beauty, an HOA garden is also very functional. Residents can save money on fresh produce if they plant vegetables and herbs. They can even share the fruits of their labor with other neighbors or sell their harvest at a weekend market.

 

3. An Eco-Friendly Use of Space

An HOA community garden is the perfect solution if you have a plot of land that isn’t quite big enough for a new amenity. Instead of another dull concrete space, why not breathe new life into the area by filling it with plants? A garden is not only beautiful but also very eco-friendly.

 

4. An Opportunity to Grow as a Community

Far too many associations fail at homeowner participation. It’s tough to get people interested in HOA activities. But perhaps your community just isn’t hosting the right ones.

A community garden encourages homeowners to get involved in a more hands-on manner. Because plants need care and attention, residents are more likely to be invested in the activity from start to finish. Furthermore, it gives people a chance to socialize outside of simple hellos at HOA functions. A garden can grow relationships and allow residents to feel a sense of community.

 

How to Start a Community Garden in Your HOA

The benefits of a community garden are enough to sway anyone. But starting your garden may not be as clear-cut a process as you’d like it to be. Here are the steps on how to make a community garden in your HOA.

 

1. Gauge Interest

The first thing you must do is check whether or not there is a demand for a garden in your community. There’s no use in starting a community garden if no one’s going to sign up for it. To gauge resident interest, conduct a survey either online or in person. You can even include it as part of your agenda for the next board meeting. Understanding the level of interest will help you prepare for the next step.

 

2. Find a Suitable Plot of Land

Building a community garden doesn’t just take interest and determination — it requires real estate. You can’t start a garden if you don’t have the space for it. When looking for a plot of land for your garden, consider location, size, and soil condition. You will likely need to prepare the plot to get it ready for plant growth. Not all soil works well for gardening.

 

3. Establish Fees

An HOA community garden doesn’t take care of itself. While residents are responsible for their plots, the association should make proper preparations and maintenance. This includes redoing the dirt, setting up an irrigation system, and the like. And these things don’t come for free.

An HOA can charge a reasonable annual fee to cover the cost of maintaining the garden. Something like $50 per year per plot is a good start. But it depends on the budget and how many plots you will have for allocation. Keep in mind that you should only charge the fee to residents who end up participating in the project.

 

4. Create HOA Community Gardening Rules

Rules can be tedious and irritating, but they are necessary. Gardening policies help maintain order and cleanliness. They outline the exact responsibilities of residents.

Some of the rules you should consider include:

• Determine how often owners must remove weeds from their plot
• Prohibit owners from leaving their gardening tools unattended
• Prohibit pets from the premises
• Restrict the types of plants owners can grow

Make sure to distribute these rules to all garden owners and have them posted in the gardening area. This way, owners can’t make up an excuse and say they weren’t aware of the rules.

 

5. Convert

Once you’ve gone through the first four steps, it is time to turn the space into a community garden. This will require help from a professional landscaping company. Don’t attempt to do it yourself. You may end up making irreversible mistakes and ruin the entire operation.

 

6. Educate and Share

The final step is to educate and share. Give owners gardening tips and distribute how-to guides. You may even want to consider hosting a seminar for beginner gardeners. Residents are more likely to continue participation if they succeed in their efforts, so you want to do everything you can to help them get there.

Sharing is also a big part of gardening in a community. If your HOA has a social media page, consider posting photos of the garden and various progress stages with permission from the owners. Residents will feel more appreciative of the community and may even be inspired to participate in the garden themselves the following year.

 

Getting Started

As you can see, an HOA community garden doesn’t just bring added appeal and functionality — it brings people together. Now is the time to act if you want to start your own. Spring is just around the corner.

Condo Manager provides automated management solutions to community associations and HOA management companies. Call us today at (800) 626-1267 or contact us online for a free demo!

 

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Homeowners associations are known for imposing strict rules that preserve the character of the community. And, in between architectural guidelines and maintenance obligations, one of the most popular is an HOA pet policy.

 

What Is an HOA Pet Policy?

A pet policy is exactly what it sounds like — it is a policy that regulates pets in HOA or condo communities. Generally speaking, homeowners associations do have the ability to enforce pet restrictions and even prohibit pets altogether, provided their governing documents permit.

However, it is important to keep in mind that some state laws may supersede the community’s rules. For instance, California Civil Code § 4715 states that no HOA can prohibit owners from keeping at least one pet. And this applies to all governing documents that are created or amended on or after January 1, 2001.

But, why are pets not allowed in some condominiums and HOAs? There are a few possible reasons:

• Prevent noise complaints from neighbors
• Avoid problems with cleanliness in common areas
• Prevent pests from taking over the community
• Avoid unsavory smells
• Maintain safety in the community

 

Most Common HOA Pet Restrictions

While there are some communities that ban pets completely, many simply enforce restrictions. Some of the most common HOA pet policies include the following:

 

1. Number of Pets

Many associations only allow homeowners to keep up to a certain number of pets. This gives the HOA more control over the pet population in the community. More often than not, this rule exists in conjunction with other rules on this list.

 

2. Types of Pets

When it comes to homeowners association pet restrictions, a popular one has to do with the type of pets. Many communities strictly regulate the types of pets owners can keep. Typically, only domesticated animals such as dogs, cats, birds, and fish are permitted. But, there are some that allow other types as well.

 

3. Breeds of Pets

Beyond simply regulating the types of pets owners can have, associations often take it one step further. An association that allows dogs, for instance, might only allow certain breeds. Associations usually don’t let owners keep dog breeds that are considered “aggressive,” though there is some debate surrounding this issue.

 

4. Registration Required

Homeowners associations will sometimes require members to register their pets with the HOA. Maintaining a registry allows the association to monitor the number of pets in the community and keep track of who owns which pet. Additionally, an association might mandate owners to keep up with all the vaccinations that their pets are required to get.

 

5. Waste Cleanup

Cleanliness is a top concern when it comes to pets in HOA communities. After all, no one wants to live in a neighborhood where pet waste litters the streets. As such, it is common for associations to require owners to pick up after their pets.

 

6. Leashes and Cages

Some pets can put the safety of residents at risk. Due to this, many associations require owners to keep their pets leashed or caged when outside of the house as part of their HOA dog rules. Oftentimes, associations also don’t allow pets in common amenities such as clubhouses, pools, and fitness centers.

 

Unusual Pets: Goats and Chickens

Dogs, cats, birds, and fish are the most common pets that owners keep. But, there are also homeowners who wish to keep goats or chickens in their backyards. This poses a dilemma for a lot of HOA communities.

First of all, if the association restricts the types of pets owners can have, then this is a moot point. If chickens and goats are not part of the list of permitted pets, then owners can’t keep them. Of course, owners can certainly ask the board to reconsider, though there is no guarantee.

Goats have become more favored in some communities. This is because goats can help with landscaping maintenance. Goats naturally control vegetation in lawns and yards. They are also a more environmentally-friendly solution compared to machines and chemicals.

Chickens have also grown in popularity over recent years. They are a good source of fresh eggs, are pretty low maintenance, and don’t cost much to look after. Owners, though, have to keep them in coops.

But, goats and chickens also have their downsides. Their droppings can be very smelly, they tend to make a lot of noise, and they can attract wildlife. Other than that, there is always the possibility that they will escape and run amok in the neighborhood.

When it comes to these unconventional pets, associations should consider the pros and cons carefully. It really boils down to the nature of the association and deciding on what’s best for the community. Keep in mind that just because local ordinances allow owners to keep goats or chickens doesn’t automatically mean they supersede the association’s rules.

 

HOA Pet Policy: Establishing Owner Liability

When owners violate the HOA pet policy, they should face some sort of penalty. Depending on state laws and the HOA’s governing documents, an association may be able to charge a fine for every violation. These fines can even add up for each day the violation remains unresolved.

Apart from putting an enforcement system in place, though, associations should also establish owner liability. This is a fundamental rule that HOAs should have if it allows pets in the community. Such a policy basically states that pet owners are accountable for the actions of any pets they keep in their house or unit. Owners must indemnify the association for any damage, injury, or loss resulting from or caused by their pets.

Establishing a liability policy helps protect the association from legal issues. This, in turn, will reduce the likelihood of the association getting involved in reputation-damaging lawsuits. It can also save the association money on costly legal proceedings.

 

Service Animals in HOA Communities

The Fair Housing Act and Americans With Disabilities Act provide certain protections for persons with disabilities who require service or assistance animals. Homeowners associations should, therefore, make reasonable accommodations. If an HOA has a no-pets policy, that policy generally does not apply to service animals or assistance animals. Associations also can’t restrict the breed, weight, or size of the animal. Moreover, such animals typically can occupy or enter all areas of the property.

That being said, owners are still responsible for the behaviors or actions of their service or assistance animals. If the animal poses a direct threat to the safety or health of other residents, and no other reasonable accommodation can fix it, then the HOA may refuse the animal. However, it is best to tackle such issues on a case-to-case basis.

 

Avoiding Pet Problems in the HOA

It may seem unfair, but most homeowners associations do have the authority to regulate or even outright prohibit pets. To avoid penalties and problems with the association, homeowners should make it a point to review the HOA pet policy in their community. Boards, in turn, should educate homeowners and keep them up-to-date on any changes to the policy.

Condo Manager has the answer to all your HOA management needs. Our HOA management software comes with all the features necessary to ensure the smooth operation of your community. Call us today at (800) 626-1267 or contact us online for a free demo!

 

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Living in a homeowners association means following the rules of the community. But, what are these HOA rules anyway?

 

Understanding the Most Common and Important HOA Rules

Homeowners associations have an overall objective of maintaining curb appeal and preserving property values. To do this, associations operate the community, which involves responsibilities such as collecting dues, maintaining common areas, and enforcing rules. Homeowners association rules come in a variety of forms. And while no two communities will have the exact same rules, some rules are more common than others.

As a homeowner, here are the most important HOA rules you should know about.

 

1. Home and Lawn Maintenance Requirements

The HOA is in charge of keeping common areas clean and well-maintained. For their part, homeowners often have an obligation to keep their individual homes and lawns the same way.

Some typical rules regarding home and lawn maintenance include:

• How often you should mow your lawn
• What types of plants you can grow
• Whether or not hardscaping is permitted (and what types are allowed)
• When to remove or prune trees
• What height fences can be (and what material or color)
• What types of lawn furniture and sculptures you can display

 

2. Architectural Guidelines

Perhaps one of the more universal HOA rules and regulations involves architectural changes. This is basically a way the HOA can ensure that all homes follow the overall aesthetics of the community. Associations also usually require you to go through an application and approval process should you want to make any changes to your home. Such changes include adding or modifying a deck, repainting your home, repaving your driveway, changing your roof, or even replacing your mailbox.

In addition to the types of changes you can make, these guidelines also usually delve into the details of the project itself. For example, an HOA may require you to hire a licensed and insured contractor, inform all your neighbors of the project, or only allow work during certain hours or days of the week.

 

3. Rental Restrictions

Rentals, particularly short-term rentals, have grown in popularity ever since the rise of apps such as Airbnb and Vrbo. And HOA communities have seen an increase in rental homes, too. As a result, many associations now have rental policies that apply to both short- and long-term rentals. Some even ban them altogether.

But, what kind of rental restrictions could you encounter?

• Only allowing long-term rentals in the community
• Only allowing a certain percentage of homes to become rentals
• Requiring you to have owned your home for a set number of years before renting them out (this discourages large companies from buying up a lot of homes with the intention of renting them out)
• Placing a limitation on the total number of years you can rent out your home during the length of your ownership
• Requiring you to submit your tenant’s information and contact details to the HOA
• Requiring you to shoulder the consequences of any rules your tenant breaks

Keep in mind that not all HOAs can restrict rentals in their community. For instance, Section 718.110(13) of the Florida Condominium Act doesn’t allow amendments to the declaration prohibiting owners from renting their units, changing the rental term duration, or limiting how many times owners can rent their units. Such a prohibition would only apply to owners who buy a unit after the amendment’s effective date or to owners who consent to the amendment.

 

4. Holiday and Lawn Decoration Restrictions

Decoration rules circle back to the goal of HOAs maintaining consistency and uniformity in the neighborhood. These rules often apply to holiday decorations, but they can extend to general decorations (including lawn decorations) as well.

Some examples of these restrictions include:

• When you can put up holiday decorations
• When you should remove holiday decorations
• What size your holiday decorations can be
• What types of signs you can post
• Prohibiting inappropriate, violent, or offensive decor
• Prohibiting decorations that are too bright or noisy

 

5. Home Occupancy Limits

Home occupancy limits are among the rules for HOA communities. This rule generally tells you how many people can live in a single household, typically depending on the square footage of the home/unit or the number of bedrooms. Additionally, an HOA may also limit the number of guests you can have at any given time or require you to sign in your guests when they visit.

 

6. Trash and Recycling Rules

Trash and recycling rules don’t only benefit the community but also the environment. Popular examples of such rules include regulating what you can throw in the community dumpster, where you can throw your recyclables, and when and where you can take out your trash. Most communities have designated trash pick-up schedules, and leaving your trash out when it’s not scheduled to be picked up can negatively impact curb appeal.

 

7. Parking or Vehicle Rules

Buying into a planned development means abiding by the rules of HOA living. Another common example of such a rule involves parking and vehicles. While these rules can vary, they typically include the following:

• How many vehicles you can park on your property
• What types of vehicles are permitted and how many (RVs, commercial vehicles, boats, etc.)
• Requiring you to park in a certain space (i.e. your driveway, in your garage)
• Prohibiting street parking
• Operating hours of guest parking lots
• Speed limits

 

8. Exterior Storage Rules

If you had planned on using your outdoor area as extra storage space, think again. Many HOAs have rules about what you can do with the outside of your home, and that includes whether or not you can place items there. If you have a bike or a kayak, for instance, your HOA might require you to store them in a place where people can’t see them from the street.

Additionally, an HOA may have certain rules about sheds, if it permits them at all. If you wish to construct a shed on your property, you will likely need to get approval from the association. It also has to meet all of the requirements of the HOA for sheds (standing at a certain height, what color it can be, etc.).

 

9. Pet Rules

Homeowners associations can also have rules concerning pets. This HOA rule can vary from place to place, but they usually include the following:

• The types of pets you can keep (including the breed)
• How many pets you can have
• Where you can and can’t walk your pet/s
• Requiring you to keep your pet/s on a leash or in a cage whenever outside of your home
• Requiring you to pick up after your pet at all times

 

10. Noise Rules

It is not unusual to encounter an HOA that has noise rules. These rules are designed to keep the neighborhood peaceful and attractive to both existing residents and potential ones. More specifically, associations will restrict noise during certain hours of the day. This is not surprising considering the fact that even counties and cities have local noise ordinances.

 

The Bottom Line

As you can see, HOA rules can come in different shapes and forms, and these are only the tip of the iceberg. Because rules can vary, it is important that you familiarize yourself with the specific rules in your community to avoid incurring fines.

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

 

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When homeowners want to make an architectural change in HOAs, they often need to seek approval from the association. But, why is approval even needed? And what is the process for getting approval?

 

Why Approval Is Necessary for Architectural Change in HOAs

The chief objective of a homeowners association is to preserve property values in the community. To do this, associations must fulfill a number of obligations including enforcing architectural rules. These rules exist to maintain a consistent appearance among the homes in the community. This, in turn, boosts curb appeal and keeps property values high.

An HOA’s architectural guidelines are contained within the association’s governing documents, particularly the CC&Rs. Amending the CC&Rs usually requires approval from the membership. But, HOA boards often just need to pass a resolution to amend its operating rules. Thus, boards can add or edit architectural rules provided they don’t contradict the CC&Rs or any laws.

Homeowners associations come in all shapes and forms. As such, architectural guidelines can vary greatly from one to another. That being said, some of the most common examples of architectural guidelines include:

• What color or shade a home can be painted
• What materials roofs can be made with
• How tall fences can be
• Whether or not additional structures can be built (i.e. sheds, detached garages, decks, chicken coops)

 

Are HOA Architectural Guidelines Legal?

Homeowners associations typically do have the power to enact and enforce architectural guidelines. This power is granted to HOAs either by state laws or the governing documents (or both).

Homeowners in HOA communities have a contractual obligation to follow the rules of the association, including the architectural rules. When homeowners first buy a home in the development, they essentially enter an agreement with the association. Buying a home in the community also usually makes them an automatic member.

Because one may not like the rules in an HOA, it is important for buyers to first review the association’s governing documents prior to purchasing a home. Buyers can request these documents from the seller or the seller’s agent. If a buyer dislikes the rules, they can choose to back out of the sale.

 

HOA Architectural Committee Responsibilities

The HOA board is normally in charge of rule enforcement. Sometimes, though, boards will form a separate committee specifically to enforce the architectural standards of the HOA. The Architectural Control Committee is essentially responsible for overseeing any architectural change in HOA homes.

The exact scope of this committee can change depending on the association. But, they generally include the following duties:

Application and Approval Process for HOA Architectural Changes

As part of the association’s architectural guidelines, homeowners must usually obtain the approval of the board or architectural committee prior to making any changes. The exact procedure involved will depend on the HOA’s governing documents. But, they generally include these three steps: application submission, review, and decision.

 

1. Submission of Application and Supporting Documents

First, homeowners must complete an application form and submit any supporting documents. This application form should ask for the details of the project, including the materials and design that will be used. It should also contain the information of the contractor. Additionally, homeowners should submit blueprints, photos, or other plans. This will help the board or committee visualize the proposed change.

 

2. Review of the Proposal

The architectural committee is in charge of reviewing all applications to make sure they comply with the HOA’s guidelines. The committee must apply fair and consistent judgment when it comes to this step. Additionally, the committee must review applications in a timely manner. Committees should not delay this process. In some cases, there is even a deadline for making a decision depending on the governing documents.

 

3. Decision on Architectural Change in HOAs

In some associations, the architectural committee is responsible for approving or denying applications. Other times, the committee simply recommends a decision to the board, with the board making the ultimate call. A board’s decision is typically final unless it is in any way unfair, unreasonable, or arbitrary.

Whatever the decision may be, it is best to do it in writing. Furthermore, boards should also include an explanation if the application is rejected. If a homeowner’s request is denied, they can usually appeal within a set timeframe, though it depends on the governing documents.

 

What Happens When Homeowners Violate the Architectural Guidelines?

Where there are rules, there are rulebreakers. Whether intentionally or otherwise, there are always going to be homeowners who violate the architectural guidelines. But, what consequences are in store for those who break these rules?

Once a violation has occurred, the association’s response typically begins with written notice. This notice of violation will contain the details of the infraction. Normally, homeowners will have the opportunity to correct the violation without further consequence, especially if it is their first violation. However, depending on state laws and the governing documents, some HOAs do proceed with a monetary fine.

In many states, homeowners do have a right to a disciplinary hearing. That means they have a chance to appear before the board and explain their side of the story prior to the disciplinary action. In California, associations are legally required to hold such hearings. There are also notice requirements involved, so boards should make sure to review their state laws and governing documents to avoid legal liability.

At the hearing, homeowners can appeal the fine or any other disciplinary action (such as suspension of privileges). Afterward, the board will make a decision and provide written notice of the said decision to the homeowner.

For architectural violations, homeowners will usually need to remedy the violation to comply with the association’s standards. If an architectural change happens without the board or committee’s approval, homeowners will have to reverse the change at their own expense. Should they wish to restart the project again, they will need to seek approval first.

 

From Here on Out

Homeowners should familiarize themselves with the rules on architectural change in HOAs. In doing so, they can make sure they follow the guidelines set forth and avoid wasting time and money. Similarly, boards and committees should always act in good faith and enforce the rules in a consistent manner.

Keeping track of architectural change applications and violations can come as a challenge. Streamline your process with Condo Manager’s HOA management software. Get in touch with us today at (800) 626-1267 or contact us online for a free demo.

 

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