The homeowner’s association for any subdivision is created as one or more home builders begin developing homes in a large tract of land. The HOA usually begins in a marketing capacity, helping to get prospective buyers in to look, and homes sold. Once most of the homes have been sold, the HOA usually transfers to the homeowners—who are all required members of the HOA. The association then becomes responsible for collecting monthly or yearly fees that help with upkeep for the community.

Many communities have HOAs that are respected and have good reputations; in fact, this is one of the first things many homebuyers ask about, often getting cold feet about a purchase when they hear that the HOA in the neighborhood they are shopping around in is known to be difficult. Of course, the situation can go both ways—sometimes, homeowners are just as challenging. The rules being enforced by the HOA can often be considered stringent, and because property and money are usually at the center of any problem between HOAs and homeowners, issues can become heated.

Here are five reasons HOAs tend to act against homeowners:

1. Homeowner’s fees are not being paid – in some of the more extreme cases, when these add up, the HOA may move to foreclose on a home.
2. Added assessments are not being paid – these added fees are usually meant to cover projects which go beyond the funds the HOA has accrued with their normal fee schedules; however, many homeowners may disagree with having to pay more if they are not in favor of additional fees or the project at hand such as additions to a pool or guest area.
3. Misuse of the property in some way – a zoning violation would be a good example. Often there are major issues over additions to the property to such as a shed or other outbuilding. Erecting fences or walls could pose a major issue as well.
4. Unauthorized changes to home or landscaping – one of the most restrictive features in dealing with an HOA is that you may not be able to re-paint your home without permission regarding the color. Landscaping is usually expected to be quite conservative too, and you could run into trouble if you decide to plant unusually unique or obtrusive plants, flowers, and more in your yard—or if you let it run amuck.
5. Ongoing parking issues – this can be a big issue as so often trucks are prohibited in certain areas, along with RVs, boats and trailers, and more. Whether you are trying to avoid storage somewhere else or have visitors, make sure you understand the rules on parking first.

Call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com if you need more information regarding your rights as a homeowner. We can review your case, answer your questions, and help you decide how to move forward. We are here to help!