Condominiums are often known for having HOAs, but HOAs can also oversee townhouses, row houses, and even single-family homes. Unlike a neighborhood association<\/a> with optional membership, membership in an HOA is likely mandatory<\/a> if you buy a home in an HOA-governed community.<\/p>\n There are definite pros and cons to being part of an HOA<\/a>. You can have the benefit of added amenities like a swimming pool, gym, or other recreational areas with none of the maintenance. But homeowners association problems can arise when the HOA oversees everything from the height of the grass on your lawn to when, or if<\/i>, you can put up your giant inflatable Santa.<\/p>\n Before you decide to move into a home that is part of an HOA, it\u2019s important to weigh these pros and cons. We did some digging and talked to an expert real estate agent who knows the ins and outs of HOAs to uncover the top 10 homeowners association problems and give you tips on how to resolve them.<\/p>\n Generally speaking, HOAs are responsible for maintaining common areas and amenities. But their covenants, conditions, and restrictions<\/a> (CC&R) can include rules that affect what you can and can\u2019t do with your home. They may dictate things like the color of the home, the appearance of the lawn, window coverings that can be seen from the street, the type of holiday decorations you can have, and when you need to have your garbage cans out. They can also have a say in things that are less obvious \u2014 the breed of dog and types of pets you can have, if your RV is allowed to peek out from above the backyard fence, number of trees in your yard, etc.<\/p>\n Fees, and what they cover<\/a>, vary widely depending on the individual HOA. Some may only charge $100 a year to maintain signs within the neighborhood while others cost upward of $1,000<\/a> simply for living in the community and taking advantage of its amenities. The cost is usually proportional to the number of services the HOA offers and how much they oversee, as well as the location of the property. The more involved the HOA is in daily things like lawn height, decorations, etc, the higher the fee likely will be. \u00a0<\/b>The rules and amenities also differ widely depending on location and community. Some HOAs have very specific pet or lawn restrictions while others may only maintain common areas.<\/p>\n House hunting in HOA-governed properties is where your real estate agent comes in in a big way. Since they’re familiar with the community and the neighborhoods, they are likely to know the reputation of different HOAs and can steer you in the right direction. Agents are typically in the know when it comes to what type of amenities are offered in an HOA community, the fees and what they cover, and common homeowners association problems.<\/p>\n While this is a fairly long list, it shouldn\u2019t discourage you from purchasing a property in an HOA. What it should do is provide a heads up for common homeowners association problems as you search for a house and ultimately make a decision.<\/p>\n One of the main responsibilities of an HOA is to maintain or increase property values. The HOA oversees maintenance and repairs for common areas, so if they\u2019re not holding up their end of the bargain, it might be time to take some action to ensure that the fees you\u2019re paying are actually doing what they\u2019re supposed to be doing.<\/p>\n For instance, if an HOA isn\u2019t maintaining common spaces, that can have an adverse effect on your property value when you sell. Most people don\u2019t want to pay fees to an HOA that is obviously not doing its job.<\/p>\n As a homeowner, you should understand the HOA structure, how decisions are made, and new rules or changes to existing rules. If communication is lax, this can create problems with residents not knowing certain rules. There should be regular communication via meetings, newsletters, email, social media, etc.<\/p>\n The HOA\u2019s CC&Rs can place restrictions on size, breed, types of pet, etc. They can also restrict excessive barking. So if your dog is one to bark at squirrels all day, don\u2019t be surprised if you receive a fine. There can also be regulations about cleaning up after your pet and when it needs to be on a leash.<\/p>\n If you\u2019re an avid gardener, or even a beginner, check the HOA guidelines for what you are allowed to plant. Some states have rules that ensure HOAs can\u2019t restrict your use of native plants, but some HOAs are resistant to native plant landscaping<\/a>.<\/p>\n Becky Blair<\/a> and Kim Carlson<\/a>, top-performing Maricopa County, Arizona, real estate agents, have lots of experience helping buyers navigate the do\u2019s and don\u2019ts of HOAs, especially since Blair lives in one herself. \u201cMy personal HOA says I have to have two trees in my front yard, and I only had one,\u201d Blair says. She received a letter telling her to plant a second tree by a certain date or face a fine. She says that \u201cbecause I\u2019ve been through it, I know how to talk to my [clients] about knowing that there are certain guidelines even with landscaping.\u201d<\/p>\n Another one of the top homeowners association problems surrounds rentals. An HOA-governed community might have rules regarding whether you can sublet your home or rent it out as an Airbnb<\/a> or VRBO<\/a>. If this is something you want to do now or in the future, making sure it\u2019s allowed should be on your list of things to check out. According to a Michigan attorney, some HOAs have the power to \u201cpronounce Airbnb and VRBO DOA<\/a>.\u201d<\/p>\n Pest control can be a tricky issue if you live in a building with multiple units. In a single-family home, you would be responsible for pest control regardless of whether you\u2019re in an HOA, but if there are multiple units in a building, getting rid of pests in your unit means that they might just move next door or upstairs and come back when the coast is clear.<\/p>\n Blair and Carlson have seen issues arise if the HOA says they don\u2019t cover pest problems like termites or bees, particularly in buildings with a shared attic or basement or where the pests are just moving from unit to unit. In this situation, the HOA might have to treat for pests in these areas or in the entire building. If they hesitate, then providing evidence from experts, like exterminators, and getting documentation makes it harder for the HOA to fight against.<\/p>\n Before moving into an HOA-governed community, make sure to read the CC&Rs carefully and have your agent double check to ensure you can have all of the vehicles that you want or already own. Some HOAs have rules against certain recreational vehicles or how many vehicles you can park on the property.<\/p>\n For one of Blair and Carlson\u2019s clients, parking was ultimately a deal breaker. The clients called the HOA directly to ask about their large delivery type work truck that they drove home everyday, but unfortunately it wasn\u2019t allowed in the condo\u2019s parking lot. \u201cBecause of that, they didn\u2019t purchase that home. Because they couldn\u2019t park there, it wasn\u2019t going to work for them,\u201d says Blair.<\/p>\n Some HOAs can be a real drag on the holiday spirit. Rules could regulate the type and size of holiday decorations, when they can go up, when they have to come down, and even the size of the lightbulbs. This is an important thing to pay attention to if you\u2019re big into outdoor holiday decor, especially if you\u2019re not house hunting during the holiday season and decorations might not be at the top of your mind.<\/p>\n Inclusionary housing practices give lower income families the opportunity to buy a home in a development or condominium for a percentage of the market rate. These below market-rate (BMR) homes create homeownership opportunities for people who may not otherwise have the means. However, HOA dues, especially unpredictable fee increases and one-time assessments, can undermine the affordability of these homes.<\/p>\n There are multiple ways for an HOA to balance the fees paid by market-rate and BMR homeowners<\/a>, but it can still create a challenge to inclusionary housing. The Grounded Solutions Network, which focuses on supporting affordable housing programs, recommends factoring in current HOA fees and future fee estimates<\/a>, among other factors, when creating a sustainable pricing formula.<\/p>\n According to Matthew Freedman, co-author of the study \u201cThe rise and effects of homeowners associations<\/a>,\u201d HOAs have the potential to \u201cpropagate segregation and inequality in a way that we as a society don\u2019t view as positive<\/a>.\u201d Critics of HOAs note the HOA\u2019s ability to be a \u201ctool for exclusion<\/a>\u201d in some cases by prohibiting activities that are more common amongst individuals in certain groups. Hefty HOA premiums that can feed into exclusionary housing tend to be more prevalent in southern and western states, while lower premiums are found in the Midwest and Northeast. With over 60% of newly built single-family homes and 80% of houses in new subdivisions being part of an HOA, this potential for exclusionary housing practices has increased over the years.<\/p>\n While you may have crunched the numbers to see how much house you can afford, you have to make sure to include the HOA fees. HOA fees are factored into your debt-to-income ratio<\/a> when you apply for a mortgage, so if the HOA fees are higher than originally thought, that could affect the mortgage approval. Or, if the HOA raises fees during the approval process<\/a>, the prospective buyer may need to come up with more income or re-apply.<\/p>\n Another way that an HOA can impact mortgage approval is that the lender wants to be relatively sure that the home won\u2019t go down in value over time. If the HOA has a reputation of poor community management, the lender may shy away because they don\u2019t want to lend money if the HOA could negatively affect the property value.<\/p>\n In a word: Definitely. But they might try.<\/p>\n Among homeowners association problems is HOA overreach. While HOAs have quite a bit of power over the properties in the community, here are a few things that they can\u2019t do:<\/p>\n In a dispute with an HOA, federal and state law will likely prevail<\/a>. For instance, the Fair Housing Act of 1968 prohibits acts of discrimination with regard to the sale, rental, and financing of housing based on race, religion, national origin, sex, handicap, and family status. As a result, HOAs can\u2019t discriminate based on these factors either \u2014 and we hope they wouldn\u2019t anyway.<\/p>\n Another example are \u201cright to dry\u201d laws<\/a>, which allow residents to capitalize on solar drying. These laws protect your right to air dry your laundry in your own yard, but there may be different rules if you want to put a clothesline in a common space like a shared lawn or common area of a condominium<\/a>.<\/p>\n HOAs can\u2019t just fine people all willy nilly. If you receive a fine from your HOA, it\u2019s important to follow up and make sure you are really in the wrong \u2014 this is good practice for any fine you might get from parking tickets to late fees. Checking the CC&Rs will ensure that you can actually be fined for what you\u2019re being fined for. On rare occasions, you may be fined for something that isn\u2019t actually prohibited, and that\u2019s a big no-no.<\/p>\n Regulations on how new rules, bylaws, and covenants are enacted should be outlined in CC&Rs. And if the procedure isn\u2019t followed, the HOA isn\u2019t allowed to change the rules<\/a>.<\/p>\n If you find yourself in a dispute with your HOA, they may try to discourage you from taking a matter to court, but you have the right to take further action if your appeals to the board don\u2019t get you anywhere.<\/p>\n Service animals are an exception to pet-related rules and restrictions. However, you may have to plead your case for an emotional support animal<\/a>, especially if it isn\u2019t a certified service animal.<\/p>\n Knowing the rules is the first step to avoiding common homeowners association problems or working to change the rules if you think they are unfair.<\/p>\n If you want to be informed and part of the process, attend your association meetings. You\u2019ll have first-hand knowledge of the processes and procedures, and the board will see that you are involved and interested. You can start attending meetings when you move in, but if there\u2019s a problem, you receive a fine, or you feel that the HOA is overstepping their bounds, then attending meetings is a must.<\/p>\n When you\u2019re purchasing an HOA-governed home, it\u2019s important to make sure that the complaint process is clearly laid out. In the event that you do have a complaint, follow their process to try and come to a solution.<\/p>\n Ignoring violations will make the situation worse. If you\u2019re truly in violation of the CC&Rs, fix the violation quickly and pay the fine promptly. If you wrongly received a violation, then take the matter up with the board at their next meeting.<\/p>\n Getting upset only exacerbates an uncomfortable and tense situation. Know that you have rights and recourse and handle the situation calmly.<\/p>\n Know your rights. In some cases, like with clothes lines and \u201cright to dry\u201d laws, state and federal laws may override the HOA CC&Rs.<\/p>\n Document. Document. Document. In the event that an issue arises, you\u2019ll have the evidence and support you need to make a clear case. Blair and Carlson say if an issue arises, then providing the HOA with documentation of an expert\u2019s opinion can go a long way.<\/p>\n For instance, if there is a pest control issue, \u201cwhen you can provide them with documentation, not just your personal opinion, but documentation from a pest control company saying why it\u2019s a bigger problem than just one unit, then it\u2019s harder for them to fight against.\u201d This expert opinion could go further than simply demanding that the HOA fumigate the entire building.<\/p>\n It\u2019s also important to keep copies of any written correspondence and keep a record of any meetings you attend to show that you have taken the proper steps if you need to take further, and possibly legal, action.<\/p>\n Petitions can be powerful tools. If there\u2019s an issue that is relevant to you and your neighbors, starting a petition to gain support for the change can go a long way.<\/p>\n Paying dues (and paying them on time) is one of the best things you can do to stay in the good graces of the HOA. If an issue arises, they may be a little more sympathetic.<\/p>\n If things get to a point where legal action is necessary, be sure to hire a lawyer to walk with you through the process.<\/p>\n An important thing to keep in mind when considering an HOA-governed property is the needs of Future You. While Current You may have two adults and three young kids in the home and the HOA says you can have three vehicles, that\u2019s great \u2026 for now. Future You may have three additional drivers and five vehicles total.<\/p>\n Will Future You want a boat? What about a dog? Will Future You decide that your house should be purple? Current You needs to take Future You into consideration, understand common homeowners association problems, and make sure that there is room in the HOAs CC&Rs to allow you to make the choices you may not know you want to make yet.<\/p>\n Header Image Source: (alexmisu \/ Shutterstock)<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" HOAs are common and so are homeowners association problems. We take a look at top concerns and how to resolve them.<\/p>\n","protected":false},"author":241,"featured_media":26444,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"cybocfi_hide_featured_image":"","footnotes":""},"categories":[192,657,654],"tags":[],"class_list":["post-26421","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-for-buyers","category-hoa","category-homeownership"],"acf":[],"yoast_head":"\n![\"A](\"https:\/\/www.homelight.com\/blog\/wp-content\/uploads\/2021\/08\/homeowners-association-problems-can-666x381.png\")
<\/a>What can you expect from an HOA?<\/h2>\n
What are the top homeowners association problems?<\/h2>\n
1. Not maintaining property value<\/h3>\n
2. Lack of communication<\/h3>\n
3. Pets<\/h3>\n
4. Plants<\/h3>\n
5. Rentals<\/h3>\n
6. Pest control<\/h3>\n
7. Vehicles and parking<\/h3>\n
8. Holiday decor<\/h3>\n
9. Challenges to inclusionary housing<\/h3>\n
10. Mortgage approval<\/h3>\n
![\"A](\"https:\/\/www.homelight.com\/blog\/wp-content\/uploads\/2021\/08\/homeowners-association-problems-cat-666x381.png\")
<\/a>Are there things an HOA can\u2019t do?<\/h2>\n
Violate federal or state law<\/h3>\n
Fine you for something not included in CC&Rs<\/h3>\n
Change rules without following proper processes<\/h3>\n
Keep you from filing a lawsuit<\/h3>\n
Ban support animals<\/h3>\n
![\"A](\"https:\/\/www.homelight.com\/blog\/wp-content\/uploads\/2021\/08\/homeowners-association-problems-meeting-666x381.png\")
<\/a>How to resolve a problem with the HOA<\/h2>\n
Understand the rules<\/h3>\n
Go to meetings<\/h3>\n
Follow the complaint process<\/h3>\n
Don\u2019t ignore violations<\/h3>\n
Stay calm<\/h3>\n
Do your research<\/h3>\n
Create a paper trail<\/h3>\n
Consider a petition<\/h3>\n
Make sure to pay your dues<\/h3>\n
Hire a lawyer, if necessary<\/h3>\n
Think about \u2018Future You\u2019<\/h2>\n