September 9, 2025
Legal Rights and Responsibilities
You've only just started your house-hunting journey and learned that a house you’re interested in is located in a neighborhood with an HOA. You might have heard them before, but you might still be wondering, what is an HOA? More precisely, what does it do and how does it affect your home-buying decisions?
If you haven’t had dealings with an HOA before, we’ll walk you through exactly what it means, what it does, and what are the most crucial things you need to know before living in a community that has one.
An HOA, or homeowner association, is a private organization that governs a subdivision, condominium, townhouse complex, or planned development. Managed by a board of resident volunteers, the HOA establishes and enforces community rules, manages shared amenities, and aims to protect and enhance property values. As a homeowner in an HOA community, you'll automatically become a member, agreeing to their terms and paying regular fees to enjoy community services.
HOAs typically form when a community is developed. A developer creates the association and hands it over to the homeowners, who then elect a board of directors. This board decides on community features, collects fees for maintenance, and sets rules outlined in the governing documents known as CC&Rs (Covenants, Conditions, and Restrictions). While some states have laws regulating HOAs, many are governed by member participation and voting.
Living in an HOA community has its advantages and drawbacks. Here’s what you need to know:
Request and review the CC&Rs to familiarize yourself with community standards regarding:
Don't forget to also explore any rules regarding:
Be aware of HOA fees, which cover community maintenance and services. Knowing the amount and frequency of these fees helps you budget and ensures they align with your financial situation. Review the HOA’s financial health, including income, expenses, and reserve funds, to prepare for unexpected costs.
Investigate the amenities offered, such as pools, playgrounds, and sports courts. These can enhance your living experience but should be well-maintained. Understand the scope of services the HOA provides, like landscaping and security, to gauge overall value.
Learn about the HOA’s governance structure. Some associations are professionally managed, while others are community-run. Communicate with HOA representatives to understand their decision-making process, transparency, and how they handle disputes. Attend board meetings if possible to voice your opinions.
HOAs have the legal authority to enforce rules and impose penalties for violations. Understand the consequences of non-compliance, which can range from fines to liens or foreclosure.
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You’ve got questions and we can’t wait to answer them.