Covenants, conditions and restrictions (CC&Rs) are generally not considered to be scintillating reading material. While it’s a laborious task, it’s a crucial part of the homebuying process when considering purchasing a home in a planned community. Planned development communities can come with many perks, such as neighborhood parks, trail systems, pools, tennis courts and clubhouses. […]
Racist Clauses Are Common In Local Zoning Documents. Several Texas Bills Would Make It Easier To Change That.
Rina Sudan bought a house in Austin’s Hancock neighborhood last June. When she was rifling through stacks of old documents shoved into a kitchen drawer, she found what’s called a restrictive covenant — a private contract passed from owner to owner detailing what you can build on your land. For example, it restricted anyone from […]
HOA Homefront: What surprises lurk in your CC&Rs? (CA)
Among the association governing documents including articles of incorporation, recorded map or plan, bylaws, operating rules and covenants, conditions, and restrictions (“CC&Rs”), the CC&R documents are arguably the most important. Here are 11 things about CC&Rs that might surprise you, before you read them. Read the entire article……………………………….
A Detailed Guide to HOA Documents | What Documents Should You Have?
Some of the documents you should review as a homeowner includes the association’s governing documents, its official records as well as the reserve study. Note that an association’s documents are legally binding. Therefore, we recommend that you familiarize yourself with all HOA documents. It will shield you from unnecessary scuffles during and after your buying […]
The developer’s role in creating CC&Rs
Homeowners who move into a planned, covenanted community, generally understand that they will be required to abide by some specific rules, including the Declaration of Covenants, Conditions, and Restrictions. Commonly referred to as CC&Rs, these rules largely influence how the community operates. Read the entire article……………………………….
Covenants and Maintenance
With Spring finally upon us, community associations and homeowners alike are planning for necessary repairs and renovations. Particularly in condominium and townhome communities, there can be a great deal of confusion and ambiguity surrounding who is financially responsible to either insure or maintain and repair a particular improvement. Read the entire article……………………………….
Houston synagogue files federal lawsuit claiming city violating its religious rights (TX)
A synagogue in Houston has filed a federal lawsuit against the city claiming that it is violating its right to free exercise of religion by denying the right to worship in a residential neighborhood. Read the entire article……………………………….
White property owners only? Racist covenants remain on books in Utah, but now there’s a path to fix them
Before building a new home in Holladay, Steve Tachiki glanced over his property records to make sure the changes wouldn’t get him into trouble. On the second page of a housing covenant, he found a different sort of requirement, barring anyone “other than the caucasian race” from owning a home on the property. It was […]
How to Change the Rules of Your HOA – Part 2
Earlier this week, we started a discussion on changing your community rules, starting with the very basics of reviewing the current laws and ensuring that the new rule you are considering is supported by most of your community homeowners or the board members. Continuing this week, we will discuss precisely how to start realizing those […]
Guiding Principles for Community Association Governing Documents (IL)
The purpose of these guidelines is to assist the drafter of community association documents. Although these guidelines deal with drafting documents for new associations, they can be useful when considering amending or restating existing governing documents. The guidelines do not address every issue to be included nor can they be applied without a clear understanding […]
Covenants and Maintenance (CO)
With Spring finally upon us, community associations and homeowners alike are planning for necessary repairs and renovations. Particularly in condominium and townhome communities, there can be a great deal of confusion and ambiguity surrounding who is financially responsible to either insure or maintain and repair a particular improvement. Read the article…………………………………….
Guiding communities: New resource for association governing documents
Every community association requires a set of governing documents—often a declaration of covenants, conditions, and restrictions, articles of incorporation or organization, and bylaws—to provide its legal framework and operation. Governing documents define the rights and obligations of the association and its members. They also establish standards that protect the community and promote harmonious living. Read […]
HOA Deed Restrictions
Much of the appeal of living in an HOA community comes from the unified, consistent, and pleasant atmosphere maintained by the homeowners’ association. However, sometimes the very rules benefitting you can also be a hindrance to what you can do with your property. Many of these restrictions go well beyond the jurisdiction of the HOA. […]
Common Elements Cannot Be “Colonized,” (FL)
Q: Can the board of a condominium association allow unit owners of certain buildings to fence in areas that are defined as common areas per our declaration and plats? Once fenced, the areas would be exclusive to the respective unit owners, and not all buildings. Therefore not all members would be able to use the […]
7 Facts About Your HOA CC&Rs
Covenants, Conditions and Restrictions (CC&Rs) are rules and limitations that govern on a group of homes (aka a community). Typically they are established by the developer, neighborhood association and / or homeowner association (aka HOA) to protect, preserve and/or enhance property values within the community. They might, for example, prohibit owners from parking their cars […]
HOA Bylaws and CC&Rs: What’s The Difference? (NC)
What is the difference between HOA bylaws and covenants? Many people incorrectly use these terms interchangeably, and even those who are no strangers to HOA living sometimes get them confused. The difference, though, is night and day. Read the article……………………………
BYU professor wants to change racist wording in neighborhood housing documents (UT)
As a professor of family history at BYU, Amy Harris studies a lot of old documents. But when she bought her Midvale house in 2010, her title company dug up an old document she wasn’t expecting: a neighborhood covenant excluding any residents who weren’t “Caucasian.” Read the article………………………………..
Do You Have A Responsibility Matrix And Is It Up To Date (MI)
Boards and managers are always looking for ways to make the administration of their condominiums more efficient. Having to sort through the Master Deed (and multiple amendments too!) to figure out whether the association or co-owner is responsible for a certain common element can be time-consuming and, occasionally, confusing. To help simplify the process of […]
Who is the Declarant? And Why Does it Matter? (NC)
When the developer declares land to restrictions described in a “Declaration” for a planned community or a condominium, that developer has the opportunity to reserve certain rights to itself as the “Declarant.” Although there is no requirement that the developer reserve such declarant rights, it is common practice to do so and very unusual for […]
Policies the HOA Board Should Consider
Policies help set the tone for how an association is run. From pets to towing to how conflicts of interest are handled, HOA policies are the guidestones for daily association operations and management. So, what policies should HOA boards consider to ensure their association runs effectively and efficiently? Read the article……………………………….
Boards need to make sure their Policy Changes Pass Legal Muster (NY)
Community associations are quasi governments which can make their own rules provided that they don’t run afoul the law. Whenever changing rules, coop, condo, HOA and other community association boards must make sure that their good intention rule changes aren’t going to get them into trouble. With a litigious owner (especially one who is an […]
Unenforceable HOA Terms and How to Avoid Them
As part of the annual review and revision of governing documents, it’s important that HOA boards avoid using terms that will make association rules unenforceable. Doing so can help simplify otherwise complicated and messy conflicts, and can even help avoid costly litigation should the affected homeowner choose to take the dispute to court. Read the […]
Incidental Damage Clauses (FL)
There are times when an association must damage a unit or units in order to maintain or repair the common elements. For example, if repairs must be made to a common element water trunk pipe, an association may have to access the pipe by tearing though some portion of a unit wall. This type of […]
Declaration outweighs condo bylaws (IL)
Q: The condominium declaration for our association provides for a five person board of directors. However, bylaws attached as an exhibit to the declaration provide for a three-person board. Which number of board members is correct? Read the Q&A……………………………….
HOA Homefront: Examining old CC&Rs and expirations (CA)
Q: I wanted to know if you have any information in regard to the expiration of California CC&Rs (Covenants, Conditions, and Restrictions). I’ve heard 20 years from the time of the recorded filing of the CC&Rs. I ask because I live in a subdivision development of homes that has no common areas but does have […]
Hiding in Plain Sight: What Are “Discriminatory Covenants” and Does Your Association’s Governing Documents Contain Them? (FL)
One of the last few bills to be approved by Governor DeSantis at the end of this year’s legislative session was Senate Bill No. 374 which became law on September 4, 2020. The new law defines and prohibits “discriminatory restrictions” from any title transaction recorded in the State of Florida and creates section 712.065, Florida […]
How to Avoid HOA Violations
HOA’s are responsible for protecting the property values of the community. To do this, the board must enforce certain rules and restrictions. While some may find this to be a bit intrusive, the benefit of compliance with the regulations outweighs the inconvenience and benefits the homeowner. When the rules are followed, the homeowner doesn’t have […]
Getting Official: Your HOA’s Articles of Incorporation
There is most definitely a hierarchy when it comes to HOA documents. Familiarizing yourself with your association’s community documents is essential when serving as a member of the HOA board, but it’s also important as a homeowner. Being ‘in the know’ when it comes to what’s acceptable, expected, and standard procedure not only helps you […]
Who Pays for Repairs? Check the Condo Bylaws (NY)
A drain on a condominium’s roof – a common element – leaked water into the penthouse apartment, destroying newly installed designer cabinets. Does this mean that the condo board – and therefore all unit-owners – are responsible for replacing those expensive cabinets? Perhaps. Read the article…………………………….
Rock Hill neighborhood discovers racist bylaw, comes together to remove it (SC)
A movement to change a racist bylaw in a homeowners association in Rock Hill is still going on. The change is bringing the Rock Hill neighborhood, Fewell Estates, closer together. Read the article……………………………
REAL ESTATE MATTERS: Board member seeks approval for change in documentation
Q: I am on the board of a condo association and it was brought to our attention by a past owner who was selling his unit that a potential buyer noticed that the par value noted in the governing documents of our association did not match that in the multiple listing services in our local […]
How to Change Your HOA Bylaws
Community associations are legal entities governed by bylaws and codes, covenants, and restrictions (also known as CC&Rs), which are enforced by an elected board of directors. It is the board’s responsibility to conduct regular reviews of these regulations within their governing documents. Read the article…………………………….
Racist, unlawful restrictions remain in historic East Texas property deeds
Buried deep in the small print of property deeds across the country is a startling restriction meant to prevent black people from owning property. The restrictions are illegal and unenforceable today, but the racist wording remains and can be found in documents for property in East Texas. Read the article……………………………
Realtor: More Houston neighborhoods have old racist deed restrictions (TX)
Momentum is growing in one of Houston’s oldest neighborhoods to change racist deed restrictions that say only people of Caucasian race can live in or own a home. “There’s anger, there’s hurt, there’s outrage,” said Sally Walden, an Oak Forest resident and realtor. She’s been doing her own digging into Houston’s past. “I want to say […]
Can an HOA Board Draft their Own CC&Rs? (UT)
I am routinely asked if I will review amended governing documents (CC&Rs, bylaws, etc.) which the board, the property manager or another person has drafted in order to save money over having an HOA attorney draft them. Read the article………………………………..
When do Deed Restrictions Expire?
Deed restrictions can cover everything from the color you paint your home to who you can sell it to, to whether you can have a pet or a home business. Many new homeowners find themselves wondering if their Deed Restrictions are still valid from when their homes were built. Read the article…………………………..
7 Signs Your HOA’s Governing Documents May Be Out of Date (UT)
Many communities were established with governing documents that worked well for the developer, but may or may not work so well for the HOA and the homeowners. Many of these governing documents are outdated. Whether they are 10 years old or 50, Utah and federal laws, as well as best practices pertaining to community associations […]
Dealing with Racially Restrictive Covenants
HOA board members may be unaware that their covenants contain discriminatory language against racial, ethnic, and religious minority groups. If your CC&Rs are more than 30 years old, take a look. It may be time to update the documents anyway. Read the article……………………….
Master or Sub: Which Rules Do I Follow? (OH)
Far too often an association’s board of directors has a hard enough time getting prospective purchasers (or long-time owners for that matter) to understand what it means to live in a deed-restricted community. Just getting people to read (and hopefully understand) the governing documents is quite the challenge. However, many associations not only have to […]
Covenants are public record and must be provided to owners on request (FL)
I moved into my townhouse a little over a year ago. I have not received the master declaration of covenants or bylaws. A month after I moved in, problems started happening. The main issue is that there is a drainage problem after every rain. I have to park my car across the street because the […]
Top Seven Recommended Policies – Do You Have Them All? (CO)
Most everybody knows by now that Colorado associations are required to adopt nine good governance policies pursuant to CCIOA (Colorado Common Interest Ownership Act). However, do you know that in addition to the required policies there is a slew of not-required, but highly recommended policies for associations? Read the article………………………
Getting to Know Your HOA Documents
Whether you own a home in an HOA community and are serving on the board, or if you’re looking to purchase a home and want to know exactly what you’re getting yourself into, let’s breakdown your HOA documents and what they mean for you. Read the article………………………..
Updating Your Documents: Is it Time for a Facelift?
The governing documents of a housing development—be it a cooperative, condominium, or homeowners association—spell out the rules, regulations, and policies that all unit owners or shareholders are obligated to follow as a condition of their residence. Read the article………………………
Are HOAs Non-Profit?
Homeowners’ associations are often organized as non-profits. By incorporating non-profit status into the bylaws of the community, the association is always registered as a non-profit. So, how does the IRS treat an HOA? Are homeowners’ associations corporations? Do HOAs have to file tax returns and pay taxes? These are very common questions and ones that, […]
1948 neighborhood covenant banning people of color still in effect (NC)
Today there is a Homeowners Association (HOAs), but decades ago residents relied on neighborhood covenants to govern subdivisions. Eyewitness News found two such covenants still on the books at the Wake County Register of Deeds and, unbeknownst to most residents, they contain language that today is widely considered offensive. Read the article……………………..
Alterations to Common Elements: When do you Need a Membership Vote?
Updating and altering common areas of the building is often necessary to keep your property or neighborhood up-to-date. Old paint schemes need to be refreshed, furniture needs to be replaced, and landscaping needs to be redone. Read the article………………………
Who is Responsible for a Limited Common Element?
The sidewalk, the road, the park bench, the elevator, the streetlights, and more belong to and benefit everyone in a homeowners association. These common areas or common elements are shared property maintained by the association and enjoyed and used by all residents. The money for repairing and replacing these elements comes from the community’s operating […]
What is An Annual Disclosure? (CA)
Every state regulates elements of how HOAs operate, and in California. Those regulations include which public documents need to be created annually by the HOA board. There are very detailed and specific requirements and should become familiar with the ins and outs of what is needed. Making sure these documents are created correctly and on […]