What Gives the Association the Right to Tell Me What to Do?

In a nutshell: the association declaration and state law gives the association the authority to regulate some of what you can do in our community.

Community associations have a governmental component. Like a city or county government, a community association has a charter—called the declaration. The declaration encompasses bylaws, covenants and other documents that give community associations their legal foundation.

These governing documents obligate the association to preserve and protect the assets of the community. To enable the board to meet this obligation, association governing documents also empower the board to make rules and define the process for adopting and enforcing them—within limits. Governing documents also establish parameters for the nature and type of rules the board can make.

State law gives associations the authority to make rules. These are called common interest community statutes, and they apply to condominiums, cooperatives, and property owners associations.

Remember, however, that the board can’t make or enforce any rule that is contrary to the governing documents, local ordinances, state law or federal regulations. Remember also that the board makes rules on your behalf—to protect your investment, your home.

What Your Association Board Does for You

As a recognized homeowners association, our community has a board to help our HOA run smoothly. The board consists of volunteers who execute a wide variety of tasks you may not be aware of; however, their work affects every single resident.

One of the most important things the board does is create and enforce the association rules. While some residents may not like being told what they can and can’t do, ultimately the board is looking out for the greater good. By enforcing the rules, the board is doing its best to keep property value up and conflicts down. Of course, the board wants to make sure the rules are beneficial for the majority—and hopefully all—residents. You are welcome to raise concerns about the rules at open board meetings.

Another major responsibility of the board is to collect assessments from homeowners. Collecting this money is important for the stability of the association, because the assessments pay for the common elements enjoyed by all residents. Assessments also help to replenish the reserve funds, which pay for any major repairs the association may need. The board is responsible for the association’s finances, and collecting assessments is how it ensures that the association remains solvent.

Finally, the board acts on behalf of the association by hiring managers, attorneys, contractors and other professionals who help better the association. Board members also help conceive and lead many of the projects that will improve the HOA.

While it’s a big job, board members are happy to serve the residents and make the community a great place to call home. So why not learn more about what these volunteers do by talking to your board members, attending an open board meeting or even running for a seat on the board during our next election? The more people we have looking out for our association, the stronger it will be.

Association Crime Stoppers

Everyone wants a safe place to call home, and our association strives to make all residents feel secure. While we’re diligent in our efforts to reduce possible dangers in our community, we can’t do it alone. It’s up to everyone to pitch in to keep crime rates down. Thankfully, taking a few simple steps can go a long way in keeping theft, vandalism and other felonies and misdemeanors out of the association.

Know Your Neighbors. And not just the neighbors on your block, but also the neighbors from all parts of the association. At the very least, you’ll get a better idea of who actually lives (and in turn, who belongs) here. Talking with your neighbors will also give you the chance to find out if there have noticed any crimes or suspicious activity in the association recently so that you can be on the lookout as well. Consider creating and distributing a list with everyone’s contact information so that you and your neighbors can alert each other of any problems that arise. Of course, be sure to get your neighbors’ permission first to put their information on the list.

Leave The Light On. A good way to deter felons from breaking into your home is to make sure your front porch light stays on all night, even when you’re out of town. Not only does it signal that someone’s home, it also makes it harder for vandals to hide among the shadows. If you’re worried that you’ll either forget to turn the light on at night or off in the morning, you can purchase an inexpensive timer that will automatically do that for you every day. Also, if you see any street lights around the association that are burnt out, please let the board know as soon as possible so that we can replace them for everyone’s safety.

Lock Up. If you want to keep unwanted guests out, don’t make your home inviting. Even when you’re around, it’s best to keep all gates, doors and garages locked at all times. It’s also a good idea to keep your windows closed and locked when possible, especially if they’re on the ground floor.

Put On Your Walking Shoes. Taking as stroll around the association isn’t just good exercise. You can casually patrol the community for anything suspicious or usual, as well as swap notes about criminal activity in the area with other neighbors who are out and about. Also, when more residents regularly walk around the association, it can help scare off hooligans who are afraid of getting caught in the act.

Clean It Up. Picking up litter, removing graffiti and keeping trees, bushes and lawns trimmed not only makes the association look better, but also sends the message that our residents are diligent about keeping the neighborhood a respectable place to live. This can help discourage troublemakers from hanging around our community and encourage responsible and involved people to move to the association.

See Something, Say Something. If you notice a crime or a suspicious activity, regardless of how small the incident may seem, notify association security and the police immediately. Of course, only call 911 if it is an emergency; otherwise, contact the police on their non-emergency line. Editor’s note: It may be helpful for you to add your police department’s non-emergency phone number here.

We all have a responsibility to our community to help keep it safe, and incorporating even a few of these tips can go a long way. Do your part to make our association a place you’re happy to call home. 

Questions and Answers about Parking

Q: Why don’t we have enough parking?

A: Developers want to build the most homes possible to make the most money, so they often allot the fewest parking spaces required by law. Unfortunately, that leaves the association to deal with the shortage.

Q: Why can’t we park on the street?

A: The association’s roads are subject to local regulations that specify the space needed for access by emergency vehicles. When cars are parked on the street, there isn’t enough clearance for fire trucks to maneuver.

Q: Why do we have to park our SUVs and trucks out of sight?

A: Our governing documents were created by people who were unable to anticipate today’s lifestyles. Who knew 30 years ago that SUVs would replace station wagons as the standard family vehicle and trucks would become passenger oriented and even luxurious? Until our documents are amended, we’re obligated to abide by this requirement.

Q: Why do I have to register my car with the association?

A: The association’s registration system allows the manager to match vehicles with residents. In case of emergency we can contact you. It also allows the association to identify nonresidents who are parking in our spaces. Be sure your parking pass is clearly visible at all times.

Q: It seems the parking lot loses another space to handicapped parking every day. Why so many?

A: It may look like a disproportionate number of spaces are reserved for handicapped parking, but for each space there is a resident in need. The Fair Housing Amendments Act makes it unlawful to “discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of that person.” The “provision of services or facilities” includes providing reserved parking. When a resident requests a handicapped parking space, the association makes every effort to reserve one. Not only does federal and state law require it, but it’s also the right thing to do.

Q: What gives the association the right to tell me where and how to park?

A: When you purchased your home, you entered into a contractual agreement with the association to abide by its covenants. Those covenants include bylaws that empower the board to adopt and enforce rules they believe are necessary for everyone’s good. The parking policy explains the parking rules and specifies procedures for enforcing them; not only is the board allowed to develop the policy, it’s legally obligated to do so.

Q: Why don’t we just assign reserved parking?

A:  Our parking spaces are a type of property called common elements. That means all spaces are owned commonly by everyone, and everyone has the right to use them. Another type of property is called limited common elements. Like parking spaces, limited common elements are owned by everyone, but not everyone can use them. They are limited to one owner. Patios and balconies are examples of limited common elements. By assigning reserved parking, we would effectively change the property status from common element to limited common element, which goes against our governing documents and our own property rights. Before we could assign reserved parking, we’d have to amend our governing documents. This process is complex, expensive, lengthy and it requires approval by all members.

Q: Why can’t I use my parking pass for an inoperable vehicle?

A:  Our parking rules disallow inoperable vehicles for the simple purpose of keeping the community looking nice. Even covered vehicles give the appearance of neglect.

Q:  Why was I cited for a vehicle that complies with all the association’s parking rules?

A:  Sometimes the association tickets vehicles considered a nuisance. These are vehicles that consistently leak oil on the common areas, emit excessive exhaust or gas fumes, are excessively noisy or are otherwise inconsiderate of others. These situations result when your vehicle is in poor repair.

Q: Why is the visitor parking area always full? It’s frustrating for my guests.

A: The guest parking area serves as overflow parking for the residents. We regret the inconvenience for your guests, but this arrangement guarantees that you always have a parking space for yourself.

Withholding Assessments Won’t Work

Sometimes community residents become dissatisfied with the association for some reason. In this case, let’s use maintaining the parking lot as an example. Mr. Homeowner is unhappy because several small potholes have appeared in the parking lot, and the association hasn’t repaired them.

He called the manager who said that all potholes will be repaired in the spring. “It’s much easier and cheaper to fix them now, while they’re small,” Mr. Homeowner states. The manager explains the association’s maintenance schedule and states that parking lot repairs are scheduled, and budgeted, for spring.

Mr. Homeowner wants the potholes fixed now, so he decides to withhold his assessment payment until the potholes are filled. Sorry Mr. Homeowner, withholding assessments will not get the potholes filled. Here’s why:

You signed a contract with the association called the Declaration, or CC&Rs, in which you agreed to pay assessments. Period. There are no Unless Clauses in the Declaration—“I agree to pay assessments, unless . . .”

Yes, the association has an obligation to maintain the common areas. Since the repairs are on the maintenance schedule and in the budget, the association is fulfilling that obligation.

Filling every pothole as it appears throughout the winter isn’t economical. Agreed, it’s less expensive to fill a small pothole. However, it’s far less expensive to have only one visit from the asphalt company to repair all potholes—even the big ones.

Unfortunately, Mr. Homeowner, instead of getting the potholes filled immediately, you get a lien filed against your home for failing to pay your assessments.

But, let’s say the potholes get especially large before the end of winter and Mr. Homeowner fears they’re dangerous. He’s believes the potholes may cause damage to his car or he injure himself. He should call the manager and explain the situation. The association will make emergency repairs to protect owners and avoid liability.

If the association still fails to repair what Mr. Homeowner believes is a hazard, he has the right to pursue other legal channels to require the association to perform its duties. But, withholding assessments isn’t one of them.