Understanding HOA Bylaws, Regulations, and CC&Rs

Homeowners associations have rules and regulations for a reason—primarily to maintain safety and order within the community. If you’re unsure about whether your HOA has the authority to regulate a specific matter, it’s important to review its governing documents and bylaws, as well as state and local laws. For board members, clear and well-structured rules are essential to prevent misunderstandings and conflicts.

CC&Rs

To begin, it’s crucial to understand what empowers the HOA to act: the CC&Rs. The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) outlines the rules or restrictions that property owners in all homeowners associations, property owners associations, and community associations must follow. These restrictions “run with the land,” meaning they remain in place regardless of who owns the property.

The CC&Rs specify guidelines for various aspects such as yard maintenance, basketball hoops, noise levels, pets, parking, vehicle storage, and general nuisances.

The CC&Rs also include the association’s covenant for assessments, which grants the HOA the authority to charge dues to its residents and details the consequences for non-payment. Often, the HOA can enforce these rules through their management company. Additionally, the CC&Rs outline the formation and operation of the architectural control committee. These elements are vital for maintaining the association’s standards and ensuring it is well-managed by your HOA management company or Board of Directors.

When purchasing a home in a community with a mandatory HOA, homeowners must sign documents acknowledging that the property has rules and restrictions. It’s important to thoroughly review the CC&Rs and be aware of the neighborhood’s regulations before buying a house in a mandatory HOA.

The ACC

While the CC&Rs provide the framework for community management, the Architectural Control Committee (ACC) is responsible for ensuring that any exterior changes to homes comply with the standards set by the governing documents, such as the CC&Rs and bylaws. The ACC ensures that no exterior modifications negatively impact the community’s appearance. For example, if a community member wants to paint their house and the CC&Rs grant the board and ACC control over such actions, the ACC will approve or deny the request. The HOA management company assists the community with ACCs.

As board members and HOA management companies change over time, it’s crucial to maintain the ability to review and control alterations to uphold the community’s desired image. If exterior changes occur without HOA approval, the board should take appropriate action, potentially including a hearing. These regulatory procedures preserve order in the community and allow for reasonable home modifications.

The Powers of the Board and ACC

The powers of the Board and ACC are extensive and substantial, extending as far as the CC&Rs allow. This means they have significant authority over the community’s appearance.

Many rules outlined in the CC&Rs, which the Board of Directors enforces, pertain to lawn maintenance. The CC&Rs list general maintenance requirements for residents’ lawns, including mowing, edging, weed removal, watering, removing dead trees and plants, and replacing dead grass. In gated communities, where the HOA owns the streets, specific parking rules must be in place for proper enforcement.

Guidelines about which types of vehicles can be stored on the property are also often addressed in the CC&Rs. Boats, trailers, non-functional vehicles, tractors, and other recreational vehicles parked in driveways can be unsightly and negatively impact property values.

Other rules may concern pet care, noise levels, and overall maintenance. The CC&Rs typically specify the types and number of domestic animals allowed and require animals to be confined to the owner’s lot or on a leash at all times.

When it comes to exterior home changes, the rules can be even more specific. One common complaint involves the difficulty of getting approval for desired paint colors.

Some people oppose the idea of needing approval to paint their property. However, this oversight helps maintain community standards and property values. For example, if a neighbor paints their house a bright, unappealing color, it may be distracting for their neighbors. In such cases, you would appreciate the HOA’s authority to take action and protect your investment.

If you want to change your home’s color, contact your HOA management company. They can guide you through the steps needed to get your paint proposal approved.

Common Areas

Common areas in a community association also fall under the HOA’s jurisdiction. These areas are vital for residents to share and enjoy together, so it’s essential to keep them maintained and encourage responsible use. Some residents may not be courteous in common areas, so specific rules are necessary to manage behavior.

• Define common areas clearly for your residents to avoid confusion.
• Ensure residents do not leave trash or personal belongings in common areas. Items left in these areas can be an eyesore and pose hazards to other residents.
• Rules should prohibit nuisances in common areas, including loud noises, inappropriate clothing, anti-social behavior, running, riding skateboards or bikes in the street, and playing music without headphones. Residents are also responsible for the actions of their tenants and guests.