HOA (HOME OWNERS ASSOCIATION)

What are CC&R's?

The Declaration of Covenants, Conditions & Restrictions, otherwise known as the "Declaration" or the "CC&R's" describes the rights and obligations of the association, and the association to the membership. This includes maintenance responsibilities and restrictions on the use of property.

What does the Home Owners Association do?

The association focuses on four primary guidelines:

1. Maintenance and Rules Enforcement

The general purpose of association s is to maintain and protect the common areas on behalf of the membership and enforce the governing documents.

2. Management

The association, through its board of directors, manages the development. A managing agent may be hired, but ultimately, the decision of the board is final.

3. Assessments

Boards are obligated to collect the assessments necessary to properly maintain the property and enforce the governing documents. Civil Code §1366(a)

4. Architectural

Because associations are responsible for the common areas and because CC&R’s generally prohibit alterations to the common areas without prior approval of the board of directors or an architectural committee, boards should adopt written architectural guidelines. They can be incorporated into the Rules and Regulations or be stand-alone Architectural Standards. A change in an association's architectural standards is considered an operating rule change that requires 30-days notice to the membership before it can be adopted.

What do an HOA architectural standards usually include:

1. Standards

Condominiums and town-homes should establish acoustical standards for items such as hard surfaced flooring, higher standards for plumbing fixtures (brass angle stops, braided supply lines, etc.), submittal of plans for major remodels, etc. Planned developments should have written standards for paint colors, roofing materials, fencing, landscaping, etc.

2. Remodeling Agreement

Remodeling agreements are important for condominiums and planned developments alike. The agreement is signed by the owner and describes the scope of work, limits the owner to work approved by the board (or Architectural Review Committee), makes the owner responsible for damage to common areas, requires licensed and insured contractors, requires building permits, sets a deadline for completion of construction, contains and indemnity provision, etc.

3. Contractor Rules

Contractor rules (and fines against the owner for rules violations by his contractors) should include items such as restricting work on holidays (define which holidays), defining hours when work may occur, etc.