Check out some of the common questions we receive about HOAs.
At Rogers Property Management, we have put together this comprehensive homeowners association FAQs page to provide answers to common questions about homeowners associations and management companies. Check it out and let us know if you have additional questions.
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What is an HOA?
An HOA is an organization that manages a residential community. These organizations establish and enforce the rules of the community, help with maintaining common areas, and collect dues on a regular basis to fund neighborhood amenities and services.
Are HOAs mandatory in the state of North Carolina?
When you buy a home in a neighborhood with an HOA, you automatically become a member. This means you must pay assessments and follow the HOA’s rules. While some communities are voluntary, most planned developments with communal amenities require membership in the HOA.
What HOA government documents should I review?
When you own a home in an HOA, you will typically receive and should review the Declaration of Covenants, Conditions, and Restrictions (CC&RS) that outline the community rules, the bylaws, which detail how the HOA is structured and operates, and the rules and regulations, which are any additional guidelines the board adopts. Most HOAs also provide articles of incorporation, which establish the HOA as a legal entity.
What do my HOA dues cover?
If you pay HOA monthly dues, these will be used to cover expenses like maintenance of common areas, landscaping, insurance, security, and amenities. What your dues are used for varies by community.
What if I choose not to pay my HOA dues?
If you don’t pay your HOA dues, you could incur late fees and interest charges. You may also have your community privileges suspended and face a lien on your property.
How do HOAs enforce their rules?
An HOA may use a variety of tactics to enforce their rules, including through written warnings, fines, and in extreme cases, legal action. You can find specific enforcement processes outlined in governing documents.
Can I challenge an HOA violation notice?
Yes! If you want to dispute a violation, your HOA likely offers a process for this. You may need to write an appeal, attend a hearing, or work with the board to resolve the situation.
Can HOAs change their regulations and rules?
They can, but in order for changes to take effect, it usually requires a vote by homeowners or the HOA board. Major changes to rules may require a majority vote from the community.
What do HOA property management companies do?
HOA property management companies help the HOA board with day-to-day operations. Some of their tasks include enforcing rules, maintaining common areas, collecting dues, and managing financial matters.
How do I contact my HOA management company?
If you need to contact your HOA management company, you can typically find their contact information on the HOA website, on newsletters, or by reviewing recent correspondence with your HOA.
Can I go to HOA board meetings?
Yes! As a homeowner, you have the right to attend HOA board meetings. However, some sessions, such as those discussing legal matters, may be closed.
How can I get involved with my HOA?
You can get involved with your HOA by volunteering for committees, attending meetings, running for a board position, or providing your suggestions to the board.
Do I have any rights as a homeowner living in an HOA community?
Yes! As a homeowner living in an HOA, you have the right to access your HOA governing documents, go to board meetings, vote on certain HOA matters, challenge rules you see as unreasonable, and request a hearing for disputes.
How do I report a concern with my HOA?
You should begin by submitting a written complaint to your HOA or management company. If the issue goes unresolved, you may want to attend a board meeting or seek mediation.
Can I sue my HOA?
Yes, but litigation should be a last resort. Consider mediation or arbitration first. If you believe the HOA is acting unlawfully, consult a legal professional for guidance.
What is a proxy?
A proxy is someone you choose to vote for you at an HOA meeting if you can’t be there yourself. Think about it like asking a friend to raise their hand for you in a class vote when you’re not present.
How do proxies work?
If you can’t attend an HOA meeting, you can fill out a proxy form to let someone else vote in your place. This person can be a board member, a neighbor, or anyone else you trust.
Why are proxies important?
Some HOA decisions need a certain number of homeowners to vote. If too many people miss a meeting a vote might not count. With proxies, an HOA can ensure important decisions about the community can still be made.
What are architectural rules?
If you live in an HOA community, there are likely rules about how homes in your neighborhood should look. These rules can keep your community nice and protect your property value while covering things like paint colors, fences and sheds, driveways and mailboxes, and landscaping.
Do I need permission to change my home?
Yes! If you want to make a change to your home’s exterior or property, you will need to gain HOA approval first.
How do I get approval for architectural changes?
Start by filling out an application to explain your project. Then, wait for approval from the HOA. Once received, you can begin your project.
What happens if I don’t receive approval?
If you make a change without receiving approval from your HOA, you may need to fix or remove the project. If you are unsure about a project, always check the HOA rules first.
What’s the difference between an HOA and a POA or COA?
An HOA is the most common organizational type, made for neighborhoods with single-family homes or townhomes to enforce community rules and help take care of shared spaces. A POA is similar to an HOA but includes other types of property, like land or commercial buildings. A COA is for condos or apartment-style buildings that maintain shared spaces, like hallways and elevators.
What is a Book of Resolutions?
This is a rule book that the HOA uses and distributes to homeowners. This way, everyone understands the rules and can keep the neighborhood safe, clean, and well-maintained.
What are HOA resolutions?
Resolutions are an official decision or policy adopted by an HOA’s board of directors to interpret, implement, and manage the HOA’s governing documents. These resolutions clarify processes, enforce rules, and address issues that may arise. There are several types of resolutions, including policy, administrative, special, and rule and regulation resolutions.
Why do site visits matter?
Regular site visits by a community’s management company or HOA representatives play a key role in maintaining property values, ensuring safety, and supporting rule compliance. These are usually physical walk-through or drive-through visits of the community to observe the condition of homes, common areas, and overall appearance.
