"There oughta be a law . . ." If you find yourself repeating that sentiment
daily as you wander through the neighborhood and behold the neighbors'
backyard jungles and collections of beater cars, a community with a
homeowners' association could be just the place for you.
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Community Association
A residential development in which each owner is bound to a
real estate organization by governing documents that require adherence
to a set of rules, and the payment of assessments.
Courtesy of
Community Associations Institute |
After all, a homeowners'
association that prohibits lawn ornaments and inoperative cars outside of
garages would soothe your assaulted sensibilities.
If, on the other hand, Spot needs
a kennel of his own, the kids like to camp out in the yard on summer nights
and you have a large collection of pink flamingos and ceramic jockeys to
display out front, you had better think twice about living in a community
with a homeowners' association. A 50- or 60-page document filled with
regulations would probably offend your sense of freedom.
Whichever way you lean, if you're
building a home today, chances are you will encounter these planned
communities, and need to decide if you want to locate your new home in one.
According to the Community Associations Institute (CAI), based in Virginia,
over 32 million people in the United States in 1992 lived in communities
governed by a homeowners' association. In large metropolitan areas, 50
percent of new-home buyers live in communities with homeowners'
associations.

These associations go by a number
of names, including homeowners' associations, planned unit developments,
owners' associations, community associations and property owners'
associations.
Some associations own the common
property in a community, while the residents own their homes and properties.
In other associations, the residents hold the titles to their homes and
jointly own the common properties, like a clubhouse.
Community associations feature
three common qualities:
1. All homeowners in the
community are automatically members of the association.
2. The association's governing
documents bind the owners to the association and its rules.
3. The association levies
mandatory fees against the owners for its operation.
Many community associations also
offer amenities that individuals could not afford otherwise, like a swimming
pool or tennis courts. The community association maintains these spaces,
along with other common areas like a playground, park or boulevard.

Another priority for community
associations is to ensure the general upkeep of all the homes and lots in
the neighborhood so property values stay consistent.
The bylaws of a community
association in a St. Paul, Minn. suburb states that the group's goal is to
"provide for the preservation of the values and amenities in the community
and for the maintenance of the private open spaces . . ."
To ensure that communities
maintain their values, homeowners' associations regulate everything from the
number and types of pets in your home, to the color of your home and whether
you can keep the grill on the back porch.
Once you buy a home or property in
a community association, membership is automatic and mandatory.

Membership includes adherence to
the community's regulations and the annual payment of an assessment to the
organization.
The organization board uses these
assessments to carry out the group's regular business and responsibilities.
Some associations charge residents a flat fee, while others base their fees
on the size and value of each home and property.
According to the CAI, the median
monthly assessment for a community association totals $123.
Sometimes community associations
also vote to assess additional fees to residents for unplanned or large
projects on common property.
If you violate a community
regulation, you are required to remedy the situation at your own expense
when notified by the community group. If you fail to fix the problem within
the allotted time period, the community association can arrange to do so
themselves and charge you for the work. You are legally bound to pay these
fees.
Because you will automatically be
held accountable to the rules of your community's homeowners' organization,
you need to decide--before you make any written or verbal agreements to
build there--if those regulations suit your own lifestyle.
You can save yourself frustration
if you find out beforehand that a community prohibits home businesses or pet
monkeys.
Get a copy of the community
association's documents and read them over carefully. No matter how long and
unintelligible they are, you need to get a good understanding of the rules.
If the legal-speak gets too
confusing, hire a lawyer to go over the documents with you. The investment
now could save you time and money later, fixing a situation that resulted
from a misunderstanding.
Talk to your potential neighbors
to get their ideas about the community association. They can tell you plenty
about the group's logistics, as well as their opinions about how well the
association carries out its goals and manages the community.
Finally, if you decide to live in
a neighborhood governed by a community association, make a commitment to
that group.
At the very least, pay your
assessments on time and read the newsletters. Attend the annual meetings,
where you vote on amendments to the guidelines and elect members to the
board. If you want to play a bigger role in the community, join a committee,
serve on the board or volunteer to help out with a project.
Most importantly, remember the
bottom line. You agreed to abide by the rules when you joined the community.
Follow them.
If you must paint your house
purple or build a multi-level treehouse in the backyard, follow the
established paths to get permission.
Tips for a Happy
Association
1. Read all the
documents regarding the association before you agree to buy a lot or
build. Read all the documents regarding the association before you
agree to buy a lot or build.
2. Read them again
when you move in.
3. Pay your
assessments on time.
4. Attend the
annual meeting.
5. Read the
newsletters and meeting minutes.
6. Follow the
rules.
7. Volunteer to
serve on a committee.
8. Volunteer to
serve on the board.
9. Take care of
your property.
Courtesy of Community
Associations Institute |