By Jessica Tolliver
| 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 |
"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. 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.
Tips for a Happy Association
Courtesy of Community Associations Institute |
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.
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