HOA landscaping rules are designed to maintain the visual harmony and property values within a community. These rules set standards for how homeowners can maintain their lawns, gardens, and other outdoor spaces. Whether it’s guidelines on personal gardens, restrictions on certain types of furniture, or rules about tree removal, understanding these landscaping requirements is essential […]
Adopting and Amending Rules in California HOAs
Homeowners Associations (HOAs) in California play a vital role in maintaining the quality, value, and harmony of residential communities. One of the key responsibilities of an HOA board is to establish and enforce rules and regulations that ensure the well-being of the community and protect property values. However, these rules must evolve over time to […]
765 ILCS 605/18.4: What Illinois Condominium Board Members Need to Know Before Adopting Rules & Regulations
Rules and regulations are used by the board of directors of a community association to implement the existing governing documents. Pursuant to 765 ILCS 605/18.4(h), the board may adopt and amend rules and regulations covering the details of the operation and use of the property. This article will address the key items board members should […]
Can HOA rules override state laws and local ordinances?
Anyone who has ever lived in an HOA-managed community knows that specific rules are in place. While some residents find these rules troublesome, they serve an important purpose. Rules in an HOA help maintain order and consistency within the community, thereby preserving property values and attracting potential buyers. Read the article…………………………….
The 9 Most Common HOA Violations and How to Avoid Them
Purchasing a home in an HOA community also means agreeing to follow all of the association’s rules. However, many homeowners still find themselves shocked when they receive a violation. The reality is that even if you read your community’s governing documents, it can be easy to accidentally do something that goes against the rules. So, […]
A Complete Guide to HOA Common Area Rules & Policies
At the heart of every HOA community lies its common areas – those shared spaces that foster togetherness and provide recreational amenities for residents to enjoy. However, since these spaces are shared, it’s especially important that everyone in the community has respect for them. Whether you’re an experienced board member looking to update existing guidelines […]
Effective Strategies to Create and Enforce HOA Rules
Are you an HOA board member looking for effective strategies to maintain order and harmony in your community? Look no further! Creating and enforcing HOA rules can often be a challenging task that requires strategic planning. From setting guidelines on property aesthetics to regulating noise levels, HOA rules are designed to enhance the quality of […]
Pet Rules in Community Associations: 11 Considerations
Creating a pet policy for a condominium, homeowners (HOA), or townhome community association involves balancing the needs of pet owners with the rights and expectations of all residents. Here are eleven considerations that can help board members and community leaders create a fair and comprehensive pet policy. Read the article…………………………….
The One HOA Policy You Must Have (But Probably Don’t)
If those names don’t sound familiar to you, this one surely will: Champlain Towers South. The unfortunate thing these communities all share is negative media press. Now admittedly, for these specific examples, it was earned. Lamplight Village and Champlain Towers South were both avoidable tragedies caused by deferred maintenance. Auburn Greens overstepped their authority and […]
Hurricane Preparation Shutters language for rules (FL)
This blog post suggests some helpful hurricane preparation language, rules, and advice. Your association should have a vastly more detailed set of specifications for shutters, etc. base on your history, location, type of construction, and preferences as a group. However, here are some helpful language to consider when preparing your own set of hurricane preparation […]
Some Quick Rules About Making Rules (FL)
Boards of Florida condominium associations and homeowner associations are allowed to make rules regarding use of the common areas, access to records, the right to speak at meetings,and in a few other areas. Here are a few rules regarding rules: Read the article…………………………….
HOA Homefront: Did they change our rules properly? (CA)
Kelly, If the board decides to change any rules shouldn’t those rule changes be placed on the open general session board meeting agenda for discussion and vote of the board members before being sent out for the 28-day comment period? Is it a violation to make this decision in executive session, without first putting it […]
Unit owner concerned about language added to HOA’s rules
Q: The homeowners association (HOA) of our complex added language to the association’s rules and regulations that I believe is alarming and invalid. I read your column every week and wanted to get your take. Our HOA has around 70 units. A section of the new rules was adopted without discussion and without consultation with […]
May Homeowners’ Associations Restrict What Items Residents May Store in their Backyard?
Declarations of Covenants and Restrictions (the “Declaration”) of homeowners’ associations commonly contain restrictions on what items residents may maintain on their lots. For example, these restrictions may prohibit recreational vehicles, boats, or trailers on any lot unless they can be fully kept out of sight within an enclosed garage. Read the article…………………………….
Implementing Condominium Restrictions (FL)
When faced with a reoccurring issue in a condominium, the Board of the Directors may want to consider implementing a restriction as a long term solution to the problem. For example, after increasing complaints of loud music at late hours, the Board of Directors may consider a restriction as to when and to what extent […]
Ask the HOA Expert: Rules With Reason
Homeowner associations (HOAs) are the fastest growing form of home ownership in America. In metropolitan markets, they can account for over 2/3rds of all new home construction. As more buyers choose this form of housing, condos and planned communities are becoming a dominant force to be reckoned with. Read the article………………………………
Home-Based Business Regulations for Community Associations
Today’s economy has shifted to a hybrid work model, where home offices are used to conduct business as often as work is done in a formal office setting. Consequentially, CAI is updating its public policy regarding home-based businesses in community associations to reflect a new reality for millions of Americans. These updates will address questions […]
What to Know About Changing HOA Rules
Are you wondering about how to go about changes to homeowners association rules and regulations? Changing HOA rules involves a multi-step process. First, a proposal describing the desired changes is submitted and reviewed by the HOA board. Then, a meeting is held where homeowners can provide input. Afterward, a voting process requires a majority vote […]
Adopting Enforceable Rules (OH)
Just as there is truth to the saying that “good fences make good neighbors,” the same may be said about developing and maintaining reasonable and clear rules for a community association. Rules provide clear guidance on what is allowed and expected of owners within a community, and thus allow owners to carry on as they […]
Should Your Association Allow Garage Sales? (OH)
Spring is finally here, which means summer is right around the corner, bringing with it the opening of association swimming pools, more frequent visits from the association’s landscaper, members spending more time outdoors, and…garage sales! Read the article………………………..
Common Restrictions or Rules: Do They Help? Are They Needed? (IL)
It is not uncommon when drafting an amendment to a declaration or to rules and regulations to have a member of the board of directors or management say to us “we must include this restriction.” When we hear the restriction that must be included, we often think “not really” or “yes, but then you also […]
7 HOA Pool Safety Rules Every Board Should Enforce
Many homeowners associations manage swimming pools that are available for member use. One of the pillars of pool management, though, is promoting the safety of pool goers. To accomplish that, a board must enforce certain HOA pool safety rules. Read the article………………………..
What happens when homeowners want to be more “green” than their HOA allows them to be?
If you’re looking to move this spring, one of the top considerations for your new place may be whether or not the area is governed by a Homeowners Association (HOA). Homeowners Associations are organizations with jurisdiction over a neighborhood, such as a subdivision, condo building, or townhouse complex. Those who purchase property within the bounds […]
Adopting Enforceable Rules
Just as there is truth to the saying that “good fences make good neighbors,” the same may be said about developing and maintaining reasonable and clear rules for a community association. Rules provide clear guidance on what is allowed and expected of owners within a community, and thus allow owners to carry on as they […]
What are HOA Commercial Restrictions?
For residential communities and residents, the presence and impact of business employees, customers, and commercial vendors can be significant. However, many governing documents don’t contain provisions that expressly address home or remote work business models increasingly popular in the current economic environment. Read the article………………………..
Navigating HOA Rules: How to Determine What’s Important and What’s Petty (CA)
As a member of a homeowners association (HOA), you may find yourself wondering about the petty rules that govern your community. Are they necessary? Are they enforced? Do they serve a purpose? These are all valid questions that HOA members should be asking. Read the article………………………..
Records Retention & Records Retention Policies
Recently, a question came up on a national nonprofit list serve about how long various documents should be kept by an association, such as board meeting materials. Here was my response. “Your question has both legal and political aspects. Since I don’t practice law in your state, I can’t say what specific language or practice […]
Fontaine Place homeowners taking steps to establish protective covenants (MS)
Twenty homeowners in the Fontaine Place neighborhood have signed the necessary documents to establish protective covenants and more are expected to follow their lead. Read the article………………………..
Who’s in Charge of Setting Up the HOA Rules? (CA)
As an HOA board member, it’s important to understand the roles and responsibilities of those in charge of setting up the rules in your community. The primary individuals responsible for this task are the board of directors, also known as the board of trustees or board of managers. Read the article………………………..
HOA Homefront — Reasonable rules aren’t automatic (CA)
One important board responsibility is to adopt and enforce community rules. Developers provide CC&Rs and Bylaws (usually fairly boilerplate) when creating HOAs but do not typically create operating rules. So, it is up to volunteer boards to create necessary and reasonable rules for their communities. Read the article………………….
HOA Homefront — Does your HOA have all five of the required rule sets? (CA)
Operating rules are often called “house rules” or “rules and regulations” by associations in California. Rules are modified by HOA Boards under Civil Code Section 4340, and under Civil Code Section 4350(a) must be written. In adopting rule changes, boards must follow the procedure prescribed by Civil Code Section 436 Read the article………………………………
Can They Change the Rules Like That? A Look at Amendment of HOA Restrictions
It is very common for subdivisions and planned communities to be governed by homeowners’ associations – often referred to as “HOAs”. The lots in these subdivisions are also typically subject to covenants, conditions, and restrictions (“CCRs”) contained in the “declarations” that invest the HOAs with the power to govern those communities. Homeowners in these communities […]
HOA Homefront: Rules on changing the rules (CA)
Good community rules and regulations (called operating rules in Civil Code 4340) help set standards and encourage neighborly conduct. However, good rules also must be enforceable and associations must follow a prescribed rule amendment process. Because rules are amended only by the board, the law requires special procedures to alert members in advance when boards […]
Should Fireworks In An HOA Be Allowed or Banned?
Fireworks are a Fourth of July staple. But, should the board allow fireworks in an HOA? Learn the ins and outs of enforcing rules on fireworks in a planned community. Read the entire article……………………………….
Tips for making sure your condo or HOA community is aware of new rules
HOA and condo rules work to complement bylaws and covenants, conditions and restrictions (CC&Rs). These rules and regulations are intended to help keep communities safe, as well as address potential issues or recurring problems within the community. Some common rules include parking guidelines, trash and recycling procedures, pet restrictions, pool rules, maintenance standards and rental […]
HOA Collection Policy: How To Make And Enforce It
An HOA collection policy is integral to the success of any homeowners association. Without such a policy in place, board members will find it difficult to collect past-due fees, thereby putting the association at risk of financial ruin. Read the entire article……………………………….
How Arizona HOA Board Members Can Create and Maintain Effective Covenant Enforcement
Homeowners’ associations and board members have a central purpose of building and maintaining a community that members enjoy living in. The main driving force of that structure of community is the covenants, conditions, and restrictions (CC&Rs) that establish the rules that the members must follow. In most cases, the Board of Directors also has the […]
Why “Grandfathering” Is Important for HOA Property Policies
When they buy a home in an HOA, nobody thinks, “I’m going to rack up the property violations. HOA violations are almost always the result of a misunderstanding, oversight, or another communication gap. Homeowners rarely intend to do something to their houses to violate the rules, and HOAs are partly responsible for informing their members […]
How to update association rules (IL)
Q: A couple of board members have been tasked with updating the association’s rules. Can you describe some “best practices” we should employ in this undertaking? Read the Q&A…………………………………
Updating Your Building’s Pet Policy (NY)
ALL of a coop’s or condo’s policies and procedures should be reviewed every few years. This is to see if they are up to date, or if they have fallen out of compliance either with New York City building regulations or the owner’s wishes and best interests. Here are our tips on what to consider […]
Can An HOA Ban Fireworks?
Fireworks are a common way to celebrate several holidays in the United States. But, apart from providing a spectacular visual display, fireworks can also be dangerous. This leads us to the question — can an HOA ban fireworks? Read the entire article……………………………….
Resolutions – How A Board Can Make And Keep (AZ)
As we begin to turn our attention to 2022 and the start of a New Year, we often start discussing the time-honored tradition of making a New Year’s resolution. Associations’ Board of Directors have the authority to adopt resolutions, also referred to as the rules, based upon provisions in the association’s governing documents and the […]
Holiday decorations: Creating fair, easy-to-follow, and owner-supported guidelines
A community association in the Tampa Bay area recently made international headlines when it said a homeowner put up his holiday decorations too early. It didn’t help that singer Mariah Carey weighed in on Twitter, saying, “My personal preference is to wait until after Thanksgiving but there’s no regulating festiveness.” Read the entire article……………………………….
How To Create HOA Rules for Holiday Decorations – That Everyone Can Agree On
As the Holiday season approaches, you can expect your residents will be decorating the halls – and everything else – with their favorite holiday decorations. At the same time, HOA boards may wish for the entire area to follow a consistent decorative style. Unfortunately, that is not how the holidays work. One family may “gingerbread” […]
Amending or adding condo and HOA rules
Condos and HOAs use rules to help support—and fill in the gaps of—the CC&R provisions. Rules regulate things like common areas and amenities, which aren’t included in the CC&Rs (for example, the CC&Rs don’t state the gym’s operating hours). Communities must make those kinds of rules. Read the entire article……………………………….
What to Ask When Writing a New HOA Rule
The well-being of the homeowner’s association is one of the most important aspects of a board member’s job. However, it is also one of the tougher aspects of an HOA board member’s job, as there will almost always be a portion of the homeowners that do not agree with the rule changes or revisions. […]
Condominium and Community Governance Documentation: An Opportunity to Educate and Remove Obstacles to Action (TX)
For condominium and community developers, and their lawyers who draft and administer condominium and community governance documents, the tragedy of the Champlain Tower collapse in Surfside, Florida, should give pause. Though condominium or community governance documents cannot prevent a structural failure, there are a few things you should consider when designing and drafting these documents. […]
Ask a real estate pro: Can a condo community post speed limit signs? (FL)
Q: I live in a small condominium community. Several residents are complaining about speeding vehicles and delivery trucks. We are thinking of posting 15 mph speed limit signs, although the streets outside our community allow faster travel. Can we do this, and what else can we do to slow drivers down and prevent someone from […]
HOA Rules And Regulations 101
Whether you are just moving into an HOA-run community or have already lived in one for years, it is important for you to get to know your HOA rules and regulations. But, what are these rules anyway? And who decides what rules to make? Read the entire article……………………………….