Common HOA Definitions
Generally known as "Property Owner Associations", they tend to be more remote geographically and recreational in nature. They generally start out as empty lots adjacent to an amenity such as a lake or ski area.
Generally known as "Single Family Housing", they are generally associated with developments as in single family homes on individual lots, either detached, condominiums or townhomes.
Generally known as "Common Interest Development" meaning any of the following: community apartment project, condominium project or a planned development.
A "Planned Development Community", also known as Planned Unit Development and sometimes in older CC&Rs as a Planned Residential Development is a category of common-interest developments.
Generally known as a residence in a "Planned Unit Development" might be free-standing homes or two or more townhomes separated by party walls.
"Community Association Institutes" a trade organization for Common Interest Developments, providing the skills and expertise to property managements that are essential to the successful management of associations, but fall short of protecting the membership interest.
These are "Covenants, Conditions and Restrictions" that homeowners or their tenants must follow. Failure to adhere to them may or can result in violation warnings, fines and possible legal action against the homeowner.
Ownership boundaries, delineated by tax parcel number(s) of property line(s).
Articles of Incorporation
Identifies the corporation as an association the status of the members, voting rights and the granting of authority to the Board of Directors
These are HOA Governing Regulations, rules and degree of control, set forth by state legislatures or government bodies.
Operating Rules and Regulations
Adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association.
Also known as Builders Guidelines, these are guidelines designed to preserve the exterior architectural integrity and character, including the landscaping of the community and to protect the value of property.
Examples of violations... home appearance (architectural structures and landscape) and making changes with out HOA approval, vehicles parked on the front lawns, vehicle repairs in front of the homeowners property, trash containers left out for days after trash pick ups, pet owners of dogs with multiple noise complaint warnings. Please refer to your CC&R's for more restrictions.
Hearings can be invoked by either the Board of Directors or the homeowners via the Board of Directors. In most cases, it's invoked by the board in references to an outstanding violation. If the homeowner loses his case and does not make the requested changes, it may result in the homeowner being fined and a lien is issued against their property until it's paid.
Titleholders Beware... If the a homeowner stops paying their dues or non-payment goes on for an unreasonable time the HOA (Board of Directors) could legally foreclose on the homeowners property. The property can only be sold only for the amount due, they cannot make a profit. Not all states allow HOA Foreclosing on homeowners, but it seems like a trend in the making.
Also known as homeowners, owners of a deeded property. Their responsibilities are to read and understand the HOA governing regulations, CC&R's, By-Laws and Architectural Guidelines and to maintain their property. To get HOA pre-approval prior to making changes or improvements to their exterior property, whether it's structural or landscaping. It's the homeowners responsibility to submit plans to the Board of Directors or the appointed Architectural Sub-Committee for approval.