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Top 3 Common Issues Homeowners Have with Their HOA

While homeowners association are established to benefit both the homeowners and the community, there are things that HOAs do that homeowners don’t agree with and vise-versa. When an HOA determines that a homeowner’s actions have violated certain stipulations in their CC&Rs, bylaws or other rules and regulations, the HOA immediately calls the attention of the homeowner. Often, there is a corresponding fine or penalty. But what about the homeowners? What can they do if they have an issue with their HOA?

First, here are some of the issues homeowners commonly complain about their HOA:

1. Increasing membership fees/dues

The HOA subsists on membership dues and other fees they may collect from the homeowners from time to time. As such, they may choose to increase HOA dues at any given time, as long as it is implemented in accordance with the HOA’s bylaws. There are times, however, when an HOA increases membership dues or charges additional fees to cover repairs (which they can actually do) without warning.

If these are within the HOA’s bylaws and deeds, there’s not much a homeowner can do except comply. However, if the majority of the homeowners agree that these are additional financial burdens they cannot shoulder, they can collectively appeal to the HOA.

2. Selective Enforcement

After fees, selective enforcement is the second most common issue homeowners have with their HOA. In a nutshell, selective enforcement means the HOA isn’t fair in its enforcement of the terms covered in the CC&Rs or bylaws and deeds. To put it another way, the HOA is playing favorites; choosing who should strictly follow the regulations and for whom they can bend the rules.

A homeowner may call the attention of the HOA board to this observation in writing first, and then a scheduled discussion after. The homeowner must have solid proof to back their claim/s, so the HOA board can take the necessary action.

3. Harassing with fines

Sometimes, HOAs charge a fine for something as unreasonable as the car parked too closely to the curb or a trampoline with an unsightly color. If the homeowner refuses to pay, they can expect to be bombarded with reminders in the mail and messages in their machine. If your HOA is harassing you to pay a fine for what you believe is an unreasonable demand, check the bylaws to see if it is within the HOA’s legal rights.

But whether or not the demand is unreasonable, the HOA should never harass the homeowner for payment. You may seek the advice of a lawyer if the harassment continues after you’ve called their attention to it.

5 Benefits of Becoming an HOA Board Member

If you’re already part of a homeowners association (HOA), it’s a good idea to attend board meetings and participate in events on a regular basis. These are essential steps you can take to become an HOA board member—a position that’ll allow you to serve your community while enhancing your own experience as a homeowner.

Here are 5 benefits of becoming an HOA board member.

1. You’ll meet new people

Joining the board will provide many opportunities to interact with your neighbors, which is helpful if you want to meet new people. Physical proximity and working together are conducive to the development of friendships, so if you want to feel like you’re truly part of the community, start attending meetings and events.

2. You can improve existing rules or make new ones

As an HOA board member, you have the power to update policies and create new ones in response to issues that have yet to be properly addressed. For instance, if there’s no rule enforcing pet owners to clean up after their dogs, you can implement such a rule to keep your community clean and safe from hazardous waste. Simply attending meetings and voicing your opinions can also help bring about necessary changes in the neighborhood.

3. You can plan social events and activities

If you feel your community can do with a bit more fun, you can plan social gatherings and activities that’ll let fellow homeowners unwind, socialize, and enjoy themselves. Parties, sports competitions, dances, movie nights, reading clubs, and more can make living in an HOA that much more rewarding. They can even strengthen the sense of belonging, which can encourage people to take better care of their community.

4. You can preserve property values

The HOA board usually monitors the upkeep and maintenance of houses, facilities, and miscellaneous amenities in the community. As a board member, you can, for example, expect to help oversee the repair of individual homes or recreational areas such as gyms and basketball courts. Taking care of such properties can go a long way in protecting or even raising their value.

5. You gain useful skills

By collaborating with others to plan events, you’ll develop a gamut of skills that’ll prove useful to you throughout life and look great on your resume. For instance, the aforementioned planning of events can exercise your administrative and communication skills. You’ll hone your ability to think critically and develop effective problem-solving strategies.

These are but some of the benefits of joining an HOA board. If you’d like to know more about HOAs and HOA boards, please contact us through our corporate website, or give us a call at (888) 828-9444.

4 Common HOA Pet Policies You Should Know if You Own Dogs

As many people consider pets family, most homeowners associations (HOAs) today welcome our furry friends into their communities. Whether you’re already part of a community and are considering getting a dog, or are looking for a dog-friendly community to call your home, know that HOAs usually have rules regarding the keeping of domestic animals.

Below, we list down some of the common dog policies an HOA may implement in their community.

1. Pet registration

Many HOAs require people to register their pets before joining the community as official homeowners. Homeowners must also submit registration prior to acquiring a pet. This allows HOAs to enforce their pet-related policies, in turn making it easier for them to keep both residents and their pets safe. For example, through registration information, an HOA will know when it’s time for a dog to get vaccinated, thereby preventing the spread of dangerous diseases such as rabies.

2. Noise complaints

Dog barking and howling can be sources of great irritation especially if they’re constant, and/or if they happen late at night or early in the morning. Some HOAs encourage homeowners to report such disturbances to the board so that its members may be able to find the solution most amenable to both pet owner and complainant. For instance, the dog may be required to undergo obedience training or be let inside the house at night.

3. Pet leashing

Certain dog breeds are extremely energetic and require regular walks to be happy and healthy. While many HOAs allow this practice, they also require pets to be leashed at all times during the walk. This is to prevent injury to homeowners and their pets, as even a non-aggressive animal may be triggered to attack. Such rules also protect your pet, as an unleashed dog may run away then get hit by a car or fail to find its way back home.

4. Waste cleanup

Dogs often use walks as an opportunity to defecate. Many HOAs require pet owners to pick up this poop and dispose of it in the nearest garbage can. This keeps the community clean, beautiful, and safe from disease spread through waste.

These are just some of the pet policies you can expect an HOA to enforce. Make sure you familiarize yourself with such rules before becoming a homeowner or acquiring a dog.

If you’d like to know more about HOAs and HOA rules, kindly contact us through our corporate website, or give us a call at (888) 828-9444.

Top 4 Things to Do If a Neighbor Complains About You

One of the best things about living in an HOA-managed community is that you have a state-regulated legal entity to keep you and your family safe, and ensure that peace is upheld amongst neighbors. You also have a legally-bound, neutral entity to turn to for disputes and complaints between neighbors.

What can you do if your neighbor filed a complaint against you?

If you were contacted by your HOA because of a complaint filed against you by your next-door neighbor, don’t fret. And try not to get angry either. Know that a complaint doesn’t immediately mean you’re guilty of whatever your neighbor is accusing of or that you will be immediately evicted from the community. Here’s what you can do if your HOA notifies you about the complaint:

1. Stay calm and composed

Once you receive word from your homeowners association about the complaint, stay calm and keep your composure. Your neighbor will probably be waiting for your knee-jerk reaction (which they could use to further fuel their complaint saying your anger is but one more proof of your guilt), so don’t give them the satisfaction of being right.

2. Review details of the complaint

The complaint should clearly state the specific issue down to the last detail (date, time, parties involved, witnesses, etc.). Back-track and review events as you remember them. It’s important here to be as clear about your recollection as possible. Write down specific details that you remember from the incident as you might be able to use these on your dispute.

3. Know your legal rights

Do your own research about your legal rights as a member of the community. Review the HOA’s CC&Rs. Research on state regulations regarding the specific issues raised by your neighbor, if applicable. To make sure too that you won’t be violating any laws or stipulations from the HOA’s by-laws and CC&Rs, consult a lawyer. If you only need general advice, there are sites online that offer free legal counsel and consultation. Check them out to see if they can help you with your specific concern/s.

4. Attend the HOA-mandated hearing of your case

The HOA will be doing its own investigation about the complaint and if they find that the complaint has merit, they will schedule a hearing, which is basically the board inviting you and the complainant to a meeting to hear both your sides. It’s important to attend every hearing because your absence could be construed as disrespect for the board and the HOA (which could be a point against you).

Filing a complaint against your HOA? Here’s what you need to do first

Filing a complaint against an HOA is not something new. In fact, it’s fairly common. However, as common as it is, you should know that complaining against a homeowners association isn’t as simple as storming the HOA office to voice out your issues. There are steps you need to take first for your own protection. Simply put, you need to make sure you are proceeding within legal boundaries to prevent a lawsuit.

If you are considering filing a complaint against your HOA, here are the initial steps you need to take:

1. Clearly identify your concerns and issues

What issues do you wish to take up with your HOA? You have to be clear about them. Remember that you are complaining against your association, which means you’re complaining against an entity that was legally put in place to oversee your community. There are laws governing its role in the community, including the role of each member of the board. With that said, you need to be specific about your concerns. Clearly state each issue and have evidence to back it up.

2. Go over your HOA by-laws and CC&Rs

As mentioned above, there are laws governing the HOA, which include rules and regulations that homeowners must abide by as well as rules and mandates that state the role of the HOA Board and its specific members. Carefully go over these by-laws and CC&Rs to ensure that your issues and concerns against the HOA are indeed within their duties and responsibilities. For instance, if your issue is something that concerns a public amenity like a park or community pool, you have to check if the specific issue is indeed the responsibility of the HOA. Sometimes there are specific stipulations that prevent an HOA from taking action.

3. Are you complaining against the HOA or a board member?

Remember that the HOA is managed by its Board of Directors, with each one having a specific role in the organization. You have to determine whether you are complaining against the entire HOA or just a member of the board. How do you determine which is which? Again, you have to go back to the CC&Rs and by-laws. If your complaints are directly related to the general responsibility of the HOA, then you could probably file a complaint against the association.

On the other hand, if your issue is the specific responsibility of one particular board member, then your issue is probably best taken up with the board member in question.

As you can see, filing a complaint against an HOA takes time and effort; but if you truly believe your concerns are legitimate and must be acted upon immediately for the safety of your HOA-managed community, then there’s no reason for you not to pursue it.