About Community Associations
(Home Owner Associations)

Community Associations
What are they?
When you move into a community association, condominium or other form of common interest development you automatically become a member of the association.

HOW DOES THIS HAPPEN?
When you take ownership, your deed to the property has "Deed Restrictions" including "Declarations of Covenants, Conditions and Restrictions," better known as the CC&R's.

These CC&R's require every owner of the property to be a member of the community association and abide by the associations documents. Such documents consist not only of the CC&R's, but also the articles of incorporation (if the association is incorporated), by-laws, rules and regulations and the architectural or design guidelines established by the association.

Always read the documents before you sign.

WHAT IS THE PURPOSE OF THE ASSOCIATION?
The purpose of the association is to protect the health, safety and welfare of the community and it's members. In other words, to maintain or increase property values of it's members and to protect the assets of the association. The association, through it's board, is responsible for enforcement of the "Deed Restrictions" which include the association documents.

WHO IS THE BOARD?
The board are the directors of the association elected annually by it's members. Therefore, members of the association can control how the association operates by electing those individuals to the board who have their same interests on how the community is to be maintained.

WHAT CAN I OR CAN'T I DO TO MY PROPERTY?
First and foremost you need to read the association documents. Even if it appears to be a tedious boring task, it is critical to do so. Although the CC&R's are the foundation in which the association operates, the architectural and design guidelines usually control the esthetics of the community and what you can or cannot do to your home or lot.

Before you can change anything on the exterior of your home or lot you must (in almost all cases) submit your plans and/or specifications for architectural approval prior to making changes. This includes changing the paint color on your home.

Although slightly more restrictive, this is equivalent to submitting plans to a city for a "building permit." Usually this is the most controversial subject when living in a community.

When you purchase a home or lot within a community association you should expect that the esthetics of the community would stay the same or improve. You would not expect it to deteriorate and cause a lose of value to the community as a whole.

In order to live in this type of community there needs to be a sense of cooperation among all the members of the community.

This first step starts with you.

WHAT CAN I DO TO HAVE MY VOICE HEARD?
GET INVOLVED.

  1. Attend regular board meetings
  2. Present positive ideas to the board or management
  3. Volunteer for a committee
  4. Help research information for the board or management
  5. Present solutions rather than criticisms regarding rules and regulations or other subjects which the board may want to implement
  6. Volunteer to run for a board of directors position
WHAT POWER DOES THE MANAGEMENT HAVE?
The management reports directly to the board and administers the affairs of the association at the boards direction. It has no separate power over the members and cannot make its own rules or regulations.

However, cooperation with management can go a long way. Who is better suited to present ideas to the board, or provide you with the best avenue to get a change to your lot approved than the manager?

Management can be an asset to your enjoyment of living in a community association. Work with them and they will work with you.

WHAT CAN I DO IF I AM NOT HAPPY LIVING IN A COMMUNITY ASSOCIATION?
First, re-examine why you purchased your home within a community association. If it is not what you expected, then see if you can help change the way the association operates. This can be done only by taking an active role in your community affairs. If you are willing to leave it up to others, then you must live with the results, good or bad.

Contact your neighbors and see if they have the same feelings. A well organized group can accomplish more than an individual acting alone. Without support from other members of your association, you may be considered a trouble-maker or just an unhappy owner.

If all else fails and you are still unhappy with the association, maybe it's just not for you. Not everyone wants to live in a community with rules and regulations or guidelines. Maybe it is time for you to move on to an environment more to your liking.

Make sure you read all the deed restrictions or other documents prior to the purchase of your next property.