The Power of Homeowner Associations

Many homeowners like knowing that rules exist to help keep a community or subdivision regulated because it helps maintain property values. Issues such as architectural designs, external buildings, exterior colors, and solicitation may have a negative impact on the community if these issues are not controlled to adhere to what is expected within the neighborhood. Neighborhoods that have HOAs are supposed to be protected from someone’s desire to paint a home blue, pink, or purple on the outside. Failure to maintain lawns and keeping broken vehicles in sight are also big no-no’s, but just how much power do these HOA’s have?

It is a well know fact that there are some HOAs that specify colors allowed for fence stains, where trash bins are to be located (meaning out of sight), matching the architectural design of the neighborhood for additions, and even parking. Yes, I said parking. There are some neighborhoods, including mine that require all vehicles to be parked in the garage. This can be an issue for people that own oversized vehicles which don’t fit in garages. Unless the HOA closes its eyes about this, many people can be subject to fines. This is a ridiculous notion, but this is why homeowner’s need to get involved with their HOA to help amend declarations such as this.

Did you know an HOA can also foreclose on your property for nonpayment of homeowner association fees? All too often we hear of the recently retired widow who got foreclosed on their home because they owed $3000 in homeowners fees, only to discover that her home was free and clear of any liens. There was a soldier had his home foreclosed on for nonpayment of HOA fees while he was serving our country overseas in Iraq for over a year. The home was also free of mortgage liens, but his wife failed to pay on the HOA fees during that time. This family has a lawsuit against the HOA to recover their property since the arrears occurred during the time he was away and his wife was said to be in a depression during his absence. Regardless of the case that is pending, we again see the power HOAs have.

There is a lot of good that can come from an HOA, but there are also a lot of negative aspects. If you don’t like what you see in your neighborhood, get involved and help make a change for the improvement of the community. The truth is, there will always be someone that is not happy about certain changes within the community, but one should not encounter or be subjected to extreme power to the point of foreclosure. Your REALTORS® advocates are at work in the legislature to make these changes; another way we are helping homeowners keep their homeownership rights alive.

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