The purpose of an architectural review in HOA communities is to preserve the homes’ aesthetic appeal and uniformity. By doing so, associations can keep property values high, and homeowners can protect their investments.

What Is an Architectural Review in HOA?

An HOA architectural review is a formal process for evaluating and approving proposed changes or improvements to properties within the community. This process ensures that all modifications comply with the community’s architectural guidelines.

Examples of HOA architectural review guidelines include the regulation of the following:

• Exterior paint colors and finishes
• Landscaping changes and garden structures
• Building additions and extensions (e.g. rooms, garages, sheds)
• Fences, gates, and walls
• Patios, decks, and pergolas
• Roof changes and materials
• Window and door replacements

However, it is essential to note that architectural guidelines must not conflict with federal and state laws. For instance, the Over-the-Air Reception Devices Rule (OTARD) states that HOAs cannot prevent homeowners from installing satellite dishes and antennas.

The Importance of an Architectural Review in HOA Communities

Architectural reviews are essential to any homeowners association. They maintain aesthetic consistency, protect property values, ensure compliance with covenants, preserve the community’s character, enhance safety and functionality, prevent resident conflicts, facilitate fair and transparent decision-making, and promote long-term community planning.

1. Maintaining Aesthetic Consistency

One of the primary purposes of an architectural review is to maintain the visual harmony of the community. The HOA enforces design standards and guidelines to ensure that all homes and structures adhere to a cohesive aesthetic. This consistency helps preserve the neighborhood’s overall appearance, which can significantly impact property values and residents’ satisfaction.

2. Protecting Property Values

The architectural review process helps protect and potentially enhance property values. When homes in a community follow a unified design standard, it contributes to the area’s attractiveness and desirability. Prospective buyers are often willing to pay a premium for homes in well-maintained, aesthetically pleasing neighborhoods, thus benefiting all homeowners.

3. Ensuring Compliance with Covenants

Most HOAs have covenants, conditions, and restrictions (CC&Rs) that outline specific property modifications and improvement guidelines. The architectural review committee ensures that any changes or additions proposed by homeowners comply with these CC&Rs. This compliance helps prevent disputes and inconsistencies that could arise from unauthorized modifications.

4. Preserving Community Character

An architectural review helps preserve the community’s unique character and identity. Whether the neighborhood has a particular architectural style or specific landscaping requirements, the review process ensures these characteristics are upheld. In turn, this contributes to a sense of place and community pride.

5. Enhancing Safety and Functionality

The architectural review process can also address safety and functionality concerns. For instance, the committee can evaluate whether proposed structures or modifications meet safety codes, do not obstruct sightlines, and do not pose hazards to residents. This review ensures that all changes contribute positively to the community’s livability.

6. Preventing Conflicts Among Residents

The HOA can mitigate resident conflicts by having a formal process for reviewing and approving architectural changes. When all homeowners adhere to the same rules and standards, it reduces the likelihood of disagreements over property modifications that might be perceived as intrusive or inappropriate.

7. Facilitating Fair and Transparent Decision-Making

The architectural review provides a structured and transparent process for approving or denying proposed changes. Homeowners can understand the criteria used in decision-making, which promotes fairness and trust in the HOA’s governance. This transparency helps residents feel their concerns and preferences are considered and respected.

8. Promoting Long-Term Community Planning

The HOA can engage in long-term planning through architectural review to ensure the community’s development aligns with its goals and vision. This proactive approach allows for thoughtful consideration of how individual modifications fit into the context of broader neighborhood growth and improvement.

What Is the HOA Architectural Review Process?

To exercise architectural control in HOA communities, it is imperative to enforce a thorough approval process. In California, Civil Code Section 4765 requires that HOA CC&Rs reflect the approval procedure.

The specific steps of this approval process can differ from one association to another. However, they generally follow three basic steps.

1. HOA Architectural Application

The process typically begins with the homeowner submitting a completed HOA architectural review application. This form contains all pertinent information, including the type of architectural change and the project timeline. The HOA might also request supporting documents, such as permits, contractor credentials, design plans, and color swatches.

2. Review of Application

The architectural review committee or HOA board will then review the application. Reviews check for compliance with the CC&Rs and architectural guidelines. According to California law, decisions should be made in good faith. Additionally, they must not be unreasonable, capricious, or arbitrary.

3. Decision and Opportunity for Reconsideration

Finally, once the committee or HOA board decides, it must inform the homeowner in writing. If the change is not approved, the written decision should include the reason for the rejection and instructions on how the homeowner can apply for reconsideration. As per California law, Reconsiderations should occur at an open board meeting. 

Who Oversees Architectural Review in HOA Communities?

Architectural reviews are typical for managing and living in a homeowners association. The responsibility of overseeing this review typically falls on the shoulders of the community’s leaders, namely the HOA board. However, a separate HOA architectural review committee may assume the task in many associations, particularly larger ones.

The architectural review committee reviews applications and documents and decides whether to approve or disapprove them. In some communities, this committee only makes recommendations to the HOA board, which has the final say on decisions.

Moreover, the architectural review committee is responsible for inspecting the community for any violations of the architectural standards. If the committee spots a violation, it will enforce the rules or submit the findings to the HOA board. 

The architectural review committee also reviews the existing architectural guidelines to ensure they are up-to-date and harmonized with laws and the HOA’s governing documents. This committee can propose changes or amendments to the guidelines, subject to the approval of the HOA board and, in some cases, the rest of the membership.

Architectural Changes Without Approval

For most associations, architectural changes must always go through the approval process. If a homeowner receives a denial, they must not push through with the change. They can apply for reconsideration, but pursuing a change without the green light from the HOA can have plenty of consequences.

Violation Fines

An architectural violation typically results in a monetary penalty. Some HOAs allow homeowners to remedy the violation, giving them a notice before imposing a fine. However, other HOAs go straight for the fine, especially if it is not the first offense.

Depending on the association’s fine policy, fines can range from tens to hundreds of dollars. Furthermore, the gravity of the violation can also dictate the fine amount. For example, it makes sense of a breach that endangers the safety and well-being of others to carry a sizable fine.

Reversal of Unapproved Changes

If a homeowner makes an architectural change without approval, the HOA usually asks them to reverse the modification. The owner must pay for this reversal, and the HOA will not reimburse the owner for the expenses associated with the change’s reversal.

As such, homeowners must exercise caution and always seek approval before making architectural modifications. This can save them money on potential costs.

Re-application

Most associations do not allow homeowners to keep the changes and apply for approval after the fact because this encourages others to do the same. Approval must come first before the project can commence.

Once a homeowner reverses the unauthorized changes at their own expense, they must apply for approval. Only after securing the committee or HOA board’s green light can the homeowner proceed with the changes. Furthermore, the cost of redoing the reversed changes will also come from the homeowner’s pocket.

The Bottom Line

An architectural review in HOA communities serves many significant purposes. Ultimately, it all boils down to preserving the community’s aesthetic and keeping property values high. Reviews generally involve an approval process that the HOA board or a separate committee oversees. Should an owner proceed with unauthorized changes, monetary penalties and demand for reversing the changes at their own expense will follow.

Personalized Property Management offers expert management services to HOAs and condos in Southern California. Call us today at 760-325-9500 or email us at info@ppminternet.com to learn more!

Planning HOA community events is one of the most effective ways to foster a sense of community and enhance the quality of life within neighborhoods. These events allow residents to connect, have fun, and create lasting memories. However, coming up with ideas for community events can be quite a challenge.

HOA Community Events to Include in Your Calendar

Social events are a great way to bring people together. In an HOA community, camaraderie and familiarity are essential to keeping harmony. With community events, your HOA can connect strangers and foster good relationships. These can also make it easier to smooth disputes over.

Here are some of the most engaging HOA community event ideas to plan for your association.

1. Community Pool Party

A pool party is one of the most common ideas for a HOA summer party. Residents of all ages can enjoy a day of swimming, sunbathing, and socializing. Consider adding fun elements such as pool games, a BBQ, and a DJ to keep the energy high. You can also provide refreshments and safety measures, like lifeguards, to ensure everyone has a great time.

2. HOA Garage Sale

Believe it or not, garage sales are among the simplest yet most effective HOA event ideas. Organizing an HOA garage sale allows residents to declutter their homes and make extra money while fostering community interaction. 

It’s an excellent opportunity for neighbors to mingle and find hidden treasures. Advertise the event well in advance and provide maps to help shoppers navigate the community.

3. Potluck Dinner

A potluck dinner is an excellent option if you need ideas for HOA social events. Potluck dinners encourage residents to share their favorite dishes and recipes, fostering community and cultural exchange. 

Set up a buffet-style table and ensure there are options for various dietary preferences. This event can be hosted in a communal or a resident’s backyard. Since the HOA doesn’t need to cater the event, it’s also a budget-friendly option.

4. Outdoor Movie Night

Another one of the more classic neighborhood event ideas is an outdoor movie night. You can transform an ordinary area into an open-air cinema. You only need a projector, a large screen, and comfortable seating options like blankets and lawn chairs. 

Choose family-friendly movies to ensure everyone can enjoy the event. You can also offer popcorn and drinks to enhance the cinematic experience.

5. Game Night

Game nights are a fun way to unite residents for some friendly competition. Organize various games such as board games, card games, and trivia. You can even have themed game nights or tournaments with small prizes for the winners. This event can occur in a community center or someone’s home.

6. Talent Show

A talent show is an excellent way to showcase the diverse talents within your community. Encourage residents of all ages to participate, whether singing, dancing, performing magic tricks, or playing an instrument. A talent show entertains and helps neighbors appreciate each other’s unique abilities.

7. Neighborhood Block Party

An HOA community party is a perfect way to celebrate community spirit. Close off a street or use a communal area for the festivities. You can include activities such as live music, food trucks, face painting, and bounce houses for kids. This event is ideal for fostering new friendships and strengthening neighborhood bonds.

8. Fitness Classes

Fitness classes promote health and wellness within the community. You can hire professional instructors for yoga, Zumba, or aerobics activities. Holding classes in a local park or community center also makes participating convenient for residents. With fitness classes, you can encourage a healthy and active lifestyle while giving residents a way to socialize.

9. Pet Parade

Pet parades make for great summer HOA community events, especially if your neighborhood has a high pet population. Residents can dress up their pets and parade them through the community. Pet owners can decorate their wagons or walk their pets on leashes. You can even award prizes for best costume, best trick, and best in show.

10. Scavenger Hunt

A scavenger hunt is a fun yet challenging activity that engages residents. To make this happen, create a list of items to find or tasks to complete within the community. You can tailor the difficulty for different age groups, making it inclusive for families. Scavenger hunts promote teamwork and exploration of the neighborhood while encouraging laughter and bonding.

11. Book Club

A book club is a great way to bring literature enthusiasts together. Choose a book each month and schedule regular meetings to discuss it. This event fosters intellectual discussions and allows residents to share their love for reading. 

You can host your book club in a community center or someone’s home. There are also plenty of local libraries you can use or reserve rooms in. The United States has an estimated 123,627 libraries, 17,278 of which are public libraries.

12. Holiday Parties

Celebrate various holidays with themed parties throughout the year. Whether it’s a Fourth of July barbecue, Halloween costume party, or Christmas gathering, holiday parties create a festive atmosphere and strengthen community ties. Decorate the venue according to the holiday theme and include activities like games and gift exchanges.

The possibilities are endless. Community Christmas party ideas, for instance, can include a simple dinner party, an ugly sweater party, a Santa meet-and-greet for kids, and even a tree lighting ceremony.

13. Nature Walks

Nature walks are perfect spring event ideas. These walks encourage residents to enjoy the outdoors, appreciate the beauty of nature, adopt an active lifestyle, and bond with neighbors while also enjoying the spring season. Consider providing information about local flora and fauna to make it more educational.

14. Gardening Class

A gardening class is perfect for residents with green thumbs or those interested in learning about gardening. Your HOA can invite a local horticulturist to teach about plant care, landscaping, and sustainable gardening practices. Since this is one of the community garden event ideas that relies on hands-on experience, consider holding it in an actual garden or backyard.

15. Sports Tournaments

Hosting HOA sports events and tournaments can bring out the competitive spirit in residents. These activities encourage participation, sportsmanship, and exercise. Ensure to include different sports, such as basketball, tennis, soccer, and pickleball. You should also structure them for various age groups and skill levels to promote inclusivity.

How to Plan Successful HOA Community Events

It’s one thing to come up with event ideas, but it’s another to execute them smoothly. If you need help in this area, here are the three most crucial steps in planning a community event.

1. Consider Your Demographic

Understanding the demographic of your community is vital for planning successful events. Consider the age range, interests, and preferences of your residents. For example, families with young children may prefer events like outdoor movie nights and scavenger hunts, while older adults might enjoy book clubs and gardening classes.

2. Set a Budget

Don’t forget to establish a budget, as most events require some funding. Determine how much money is available and allocate funds accordingly. Consider costs for supplies, refreshments, decorations, and any professional services required. When you stick to a budget, you can remain financially sustainable and make room for future events.

3. Communicate and Advertise

Effective communication and advertising are key to ensuring high attendance at community events. Use channels such as newsletters, social media, and community bulletin boards to spread the word. Providing detailed information about the event, including date, time, location, and activities, will encourage residents to participate.

Setting Up an HOA Social Events Committee

An HOA social events committee is key in organizing and executing community events. This committee is responsible for brainstorming ideas, planning logistics, and ensuring events run smoothly. To set one up, follow the following steps.

1. Recruit Volunteers

You should start by seeking volunteers to join the committee. Look for individuals who are enthusiastic, organized, and have a genuine interest in improving community life.

2. Define Roles and Responsibilities

It is important to clearly outline the committee’s roles, such as event coordinator, marketing lead, and finance manager. When you assign specific responsibilities, you can streamline the planning process and ensure all aspects of event organization are covered.

3. Set Goals and Objectives

The next step is to establish the committee’s goals and objectives. This can include the number of events to be held annually, the types of activities to organize, and specific outcomes like increased resident participation.

4. Hold Regular Meetings

The committee should schedule regular meetings to brainstorm ideas, plan upcoming events, and review past activities. Consistent communication and collaboration are essential to successful event planning.

5. Create a Budget

The events committee must work with the HOA board to secure a budget for social events. To ensure financial health, it is a good idea to clearly outline expected expenses for each event and manage the funds well.

6. Develop an Event Calendar

A year-round event calendar helps keep the committee on track with planning and scheduling. Sharing this calendar with residents also ensures they remain aware of upcoming events.

7. Advertise and Communicate

Using various channels to keep residents informed about upcoming events is essential. In addition to the event calendar, the committee can use newsletters, social media, bulletin boards, and the HOA website.

8. Gather Feedback

After each event, the committee should solicit participant feedback to learn what worked and what didn’t. The committee can then use this information to enhance future events and meet the community’s needs.

Happy Planning!

Organizing various HOA community events throughout the year is essential for building a solid and vibrant neighborhood. There are countless ways to bring residents together and create lasting memories.

Personalized Property Management offers expert management services to HOAs and condos in Southern California. Call us today at 760-325-9500 or email us at info@ppminternet.com to learn more!

Residents naturally make noise while going about their business. They might mow the lawn with a lawnmower, kids might laugh and play in the yard, and pets may bark when the mailman comes around. However, while these sounds are often harmless, too much noise can border on being disruptive. The board should know what to do when the HOA noise complaints roll in.

HOA Noise Complaint: Is It Allowed?

Can you complain to HOA about neighbor noise? Does the HOA handle noise complaints in the first place? After all, most people would think that noise is just a part of life. Homeowners often think they should be able to enjoy living on their property without worrying about bothering their neighbors.

While this may be true in neighborhoods without HOAs, the circumstances of planned communities are slightly different. Many governing documents have rules on nuisances that cause irritation or inconvenience to others. In HOAs, noise is among the most common nuisances people complain about. 

There are two main types of nuisances in homeowners associations: private and public. The former involves behavior that makes it hard for residents to enjoy privacy, peace, and quiet while using their property. For example, a resident may be playing loud music that disturbs their neighbors.

Meanwhile, public nuisances compromise the community’s health and safety. These include using toxic substances for gardening or throwing cigarettes on grass. Noise issues are rarely regarded as public nuisances. 

Common HOA Noise Complaints

There are several different types of HOA noise complaints in communities. The most common causes of disputes include the following:

• Excessive dog barking
• Loud parties
• Construction work
• Loud TVs and music
• Noisy appliances and tools
• Rackety outdoor activities

How to Address HOA Noise

HOA noise is a common cause of conflict between neighbors. How can the board deal with these issues? Consider the following methods.

1. Establish Clear HOA Noise Rules

A comprehensive HOA noise policy will help prevent future noise complaints. These rules should be reasonable and clear. Here are some policies to consider:

• Noise Levels. Decibel measurements can be used to set noise limits within the community. For example, the community may implement a decibel limit of 85 dB during the day. 
• Quiet Hours. Establish quiet hours during the night. For instance, homeowners may not exceed 40 dB during nighttime hours for peaceful sleep. 
• No Amplified Devices. Prohibit amplified devices like megaphones and speakers within common areas to limit noise complaints. 
• Designated Play Areas. Limit children’s play areas to the HOA playground or private property. 
• Dog Breed Restrictions. Implement breed restrictions on dogs that are known for constantly barking. 

Apart from these, consider asking the community residents for their input. They can often bring up problems the board has never thought of before. Hearing them out can also reduce homeowner frustration and help you creatively address potential concerns.

It’s important to note that HOAs should also adjust their noise rules over time. They might add a new guideline to address a recurring issue or remove inapplicable policies. Moreover, they should be careful not to create rules that conflict with the governing documents or state law. 

2. Educate the Homeowners

Homeowners should be educated on the effects of noise in the neighborhood. They should also be well-informed about the community’s nuisance rules and noise restrictions. If you have a noise policy in place, make sure to distribute a copy to the residents. You can also send reminders from time to time about noise regulations and quiet hours. 

3. Encourage Resident Communication

Most noise complaints can be resolved through direct communication between the residents. It’s usually best for them to resolve issues between themselves without involving third parties. This can reduce tension between neighbors and foster an open environment.

HOA boards should encourage the residents to speak to their neighbors politely and respectfully. They should seek a compromise that allows both parties to enjoy their property without disruption. Consider including this in the community’s welcome package, social media platforms, and newsletters as a reminder.

4. Implement a Noise Complaint Process

If resident communication does not resolve the issue, the disgruntled resident often turns to the HOA for help. This is where a noise complaint process comes in handy. The governing documents may indicate how to file complaints with the HOA. If not, the HOA should implement a formal complaint process.

Consider providing the residents with a noise complaint form. They can also submit an HOA noise complaint letter to report the violation. The letter should indicate the noise disturbance’s nature and dates and times. It can also include other relevant observations.

5. Verify Whether the Complaint Is Reasonable

Noise complaints can sometimes be unreasonable. For example, a neighbor might have talked too loudly on their phone one afternoon. It’s not a repeat offense and only happened because the neighbor was under immense stress. In this case, it might be better to wait and see if it recurs before issuing a warning. 

To determine whether the complaint is valid, it’s important to ask questions such as: how long has the issue been ongoing? Does the noise affect more than one neighbor? Has the problem persisted even after the resident has talked to the neighbor? 

6. Review Relevant Laws and Rules

The board should review relevant laws after receiving the complaint. State law and local ordinances might include specific noise restrictions in private communities. If you’re unfamiliar with local legislation, consult your HOA attorney. 

In addition, the board should review the governing documents to verify whether the complaint is valid. Some communities may have HOA quiet hours that prohibit homeowners from doing certain activities during the night. They might also have HOA noise restrictions regarding acceptable noise levels. 

7. Approach the Noisy Resident

The HOA board must communicate with the noisy resident first to prevent things from escalating. Remain respectful and courteous when speaking with or writing a letter to the resident. Stick to facts when bringing up the complaints and avoid making subjective conclusions. 

Remember that a simple warning can often go a long way. Outline the community’s noise rules, what actions the resident must take, and the effects of non-compliance. Most residents will stop their actions once they receive a violation warning.

Acting quickly when a resident brings up a noise complaint is advisable. If unresolved, the conflict can escalate and lead to lawsuits. Homeowners might also feel neglected if the HOA does not respond right away. A simple acknowledgment of the complaint can go a long way, but it’s also best to resolve the issue immediately. 

8. Impose Penalties

Sometimes, the association may impose HOA noise complaint fines on the homeowner for continuous violations. However, remember that HOAs can often only do this when their governing documents allow. Moreover, they need to comply with the requirements of state law. 

For instance, HOAs in California are required to adopt and distribute a fine schedule to the members. They cannot exceed the amount listed in the fine schedule. HOAs may also be required to conduct a hearing before imposing fines and other penalties. 

9. Offer Mediation

Written notice and even penalties are sometimes not enough to deter noise. In this case, consider offering to mediate and listen to both sides of the story. The residents can then state their viewpoints, and the board can provide a solution. 

10. Seek Professional Help

HOA boards are not always equipped to handle noise complaints, especially if they escalate into full-blown conflict. Consider asking your HOA manager or HOA attorney for help. They can often deal with the issue and prevent it from becoming a civil lawsuit. Moreover, they can help you pursue alternative dispute resolution if necessary. 

Can Homeowners Notify Local Authorities?

When all else fails, and the noise violates state law or local ordinances, homeowners may contact local authorities to report their neighbors. However, this is usually not recommended because contacting local authorities can create rifts within the community. The tension between the homeowners may not dissipate even after the noise has subsided. 

Hence, the board should carefully warn the residents of the potential consequences. Taking neighbors to court or reporting them to the police is sometimes the wisest option. It’s better to resolve these kinds of disputes internally. 

Can Homeowners File Lawsuits?

Noise might not be a big deal for some, but homeowners file lawsuits against their neighbors. They may even take legal action against the HOA for negligence or failure to fulfill their duties. Lawsuits can be costly and time-consuming, so HOAs should avoid them. 

The best way to avoid lawsuits is to address complaints when they arise. Make sure to have rules that can deter the residents from making too much racket. Moreover, it’s usually a good idea to turn to dispute resolution so residents can avoid going to court over noise. 

Proper Complaint Management

Humans naturally generate noise when they go about their day. Hence, residents will inevitably complain about their noisy neighbors. HOAS must know how to deal with these issues to preserve peace and harmony within the community.

Personalized Property Management is a reputable management company that helps HOAs with operations and governance. Call us now at 760-325-9500 or email us at info@ppminternet.com for more information!

An HOA attorney might seem unnecessary for some planned communities — especially smaller neighborhoods. However, they are integral to the HOA’s functioning. They provide much-needed legal counsel and representation when the association has to deal with matters of the law. 

Why Do You Need an HOA Attorney?

There are several reasons why hiring an HOA lawyer for homeowners associations is important. 

1. Legal Compliance

Homeowners associations are typically subject to HOA laws and non-profit corporation legislation. Interpreting these laws can be difficult, but understanding them is necessary to remain compliant. 

Additionally, these laws impose certain requirements on community associations. For example, California law states that members have a right to inspect and copy the HOA’s books and records — with a few limitations. 

HOAs must be aware of these requirements and comply accordingly. They must also stay updated on any changes in law to avoid liability. This is where an HOA lawyer comes in handy. Local HOA lawyers are familiar with state law, so they should be able to guide the association in dealing with these issues.

2. Legal Representation

The HOA board has a fiduciary responsibility to the community it serves. However, homeowners and board members may not always agree. In the worst-case scenario, some homeowners may even file a lawsuit against the HOA because they’re unhappy with the way things run. 

An HOA disputes attorney is essential for legal representation in this case. The attorney can defend the board and help them find a good solution. They can also handle smaller disputes that may arise within the community. 

3. Dispute Resolution

HOA attorneys are experts at resolving disputes between two parties. Hence, they can facilitate arbitration or mediation to resolve community disputes. This prevents homeowners from resorting to litigation, saving both time and money. It also protects the community’s reputation. 

4. Governing Document Interpretation

The governing documents are legally binding on homeowners associations. However, they are not always easy to understand. Many governing documents are vague, while some use confusing language. An experienced HOA attorney can help by interpreting what the governing documents might be saying.

For example, a homeowners association’s governing documents might only say that the HOA’s maintenance responsibilities are limited to the common areas. If an HOA has trouble defining common areas, they can turn to the HOA attorney for a clearer interpretation. 

5. Governing Document Amendment

Although an association’s governing documents may be legally binding, they are not unchangeable. Many associations amend their governing documents every so often. This usually happens when the HOA’s rules are outdated or no longer applicable to the community. 

Unfortunately, amending the governing documents is no easy feat. It can take time and requires a lot of work. The HOA board should ensure that the changes do not conflict with other provisions of the governing documents. They also cannot go against federal, state, or local laws. HOAs should ideally hire an HOA attorney to assist them when drafting the amendments to minimize liability. 

6. Assessment Collection

HOA assessments are the lifeblood of every homeowners association. After all, they are the community’s main source of funds. The HOA cannot pay vendors to perform its maintenance obligations without them. However, some homeowners might make late payments or even fail to pay their fees.

In these cases, HOAs do everything they can to collect delinquent fees. The association might impose late payments, charge interest, or even revoke a homeowner’s rights and privileges. Still, these can only go so far. 

HOAs in dire need of funds may take further action by placing a lien on the property or filing a lawsuit. An HOA attorney can help navigate these processes and ensure the HOA avoids liability while collecting assessments.

7. Rule Enforcement

HOA attorneys are usually well-versed in rule enforcement. If the board is having trouble dealing with a stubborn repeat offender, an attorney may be able to help you make sure they comply. They may advise when to send violation notices, how much to impose in fines, and how to pursue legal action when needed. 

8. Legal Counsel

Homeowners associations need legal counsel for a variety of issues. After all, HOAs are legal entities subject to several laws and ordinances. An attorney can provide legal advice when the HOA is unsure of certain issues. Attorneys can also help the board make wiser decisions when laws and the governing documents are too vague.

9. Training and Education

An attorney may be able to provide training and education sessions for the HOA board and residents. Through these sessions, the homeowners can understand their rights and responsibilities while living under the HOA’s governance. This promotes compliance and understanding within the community and reduces conflict. 

How to Find an HOA Attorney

An HOA attorney should be qualified to help the association with all its legal issues. But qualifications are not the only thing that matters when it comes to hiring legal professionals. Several factors come into play. 

1. Set a Budget

As much as an HOA needs an attorney, they should only hire one within budget. The cost of an HOA lawyer can vary depending on the location, experience, and specialization. Remember to ask about attorney fees before you hire any candidate. 

On average, attorneys in California charge around $162 to $422 per hour. Some companies also have different fee structures. They may charge a monthly retainer package or a flat-fee rate. The monthly retainer package is usually best for communities that need constant communication with an attorney. However, it can cost thousands of dollars annually, making it a good option only if the HOA needs several consultations. 

2. Determine Your Needs

What are the most important services for your homeowners association? Does the HOA have a problem with collecting assessments? Is it having trouble understanding state law? Are there numerous disputes and lawsuits between the board and homeowners?

After identifying needs, looking into attorneys who specialize in these areas is important. Most experienced HOA lawyers should be able to handle all of these issues. However, you can also ask them how they handled these issues while working with other communities.

3. Find Local Lawyers

You must look for local lawyers to help you. This is because hiring a Nevada lawyer might be no use if you’re in California. They might not be as familiar with state or local laws, making them unable to help you with compliance or navigate legal issues. 

It’s fairly easy to look for lawyers in your location. Simply run a Google search and type in “HOA attorneys near me” or “HOA lawyers near me.” You should be able to find several reputable law firms and attorneys who can help you. The Community Associations Institute (CAI) also provides a service directory of all lawyer members with a background in association law. 

Alternatively, you can also look for lawyers through word-of-mouth recommendations. Ask family members, friends, or neighborhood residents if they know of local HOA lawyers. They can provide you with good referrals and even give their honest opinions about the lawyer in question. 

Finally, HOAs can ask their management company for legal assistance. Some management companies offer this service, while others do not. Remember to ask your HOA manager if they can refer any good lawyers. These companies are often well-connected and know several local attorneys. 

However, if there are no local HOA attorneys in your area, you can hire an attorney specializing in contractual or business law. They can help with things involving the governing documents and vendor contracts.

4. Conduct Interviews

Finding lawyers is only half the challenge. Make sure to interview the top candidates before you make a decision. Ask about their experience in HOA law and what they specialize in. The board should also ask them about the HOA’s specific needs to ensure they can speak competently on those matters. 

Interviews are also a great opportunity to establish rapport. The HOA should feel comfortable talking about its needs with the attorney. Moreover, there should be enough trust between the HOA and the attorney for any progress to be made. 

5. Negotiate Rates

Don’t be afraid to negotiate rates if the HOA needs a lawyer in the short or long term. Doing so can be intimidating since lawyers can usually hold their ground. Nonetheless, boards must seek the best rates to save money. Negotiation might also be easier if you’re hiring an attorney on retainer because you’re paying them more. 

A Necessary Hire

HOAs often wait until they’re in legal trouble before they hire an HOA attorney. However, hiring an attorney when it’s urgent can lead to poor negotiations and financial decisions. Look for an attorney beforehand to carefully consider their rates and experience. Hiring one now can even prevent you from getting into legal problems altogether.

Personalized Property Management is an industry-leading management company that serves communities across Southern California. Call us now at 760-325-9500 or email us at info@ppminternet.com for more information!

Homeowners living within planned communities will undoubtedly come across HOA rental restrictions. These restrictions are designed to protect the character of an HOA and preserve property values. However, there is a limit to what associations can restrict, particularly in California.

What Are HOA Rental Restrictions?

Homeowners association rental restrictions cover a range of policies and regulations that dictate how homeowners can rent out their properties within the community. The association’s governing documents, such as the Covenants, Conditions, and Restrictions (CC&Rs), typically outline these restrictions. They may include provisions regarding rental caps, residency requirements, lease terms, and more.

HOA rental restrictions are crucial for maintaining the integrity and stability of residential communities. By regulating rental activities, HOAs can mitigate a wide array of potential issues, including the following:

1. Transient Tenants

Transient tenants, who frequently change, might have a different commitment to the community than homeowners. This can disrupt the neighborhood’s stability and cohesion. Moreover, these tenants may not engage in community activities or contribute to its well-being, leading to decreased community engagement.

2. Excessive Turnover

Excessive turnover, with renters coming and going frequently, can make it hard for the community to build relationships and maintain a sense of belonging. Permanent residents also don’t like witnessing an endless stream of new faces. They prefer to live in a community where they know their long-term neighbors.

3. Security Concerns

Security concerns may arise because renters might not be as invested in keeping the community safe as homeowners. Additionally, tenants tend to exhibit less care when dealing with HOA property, resulting in more property damage.

4. Lack of Exclusivity

Many rentals can create a perception that the community lacks exclusivity and is less desirable. This could impact property values and homeowner satisfaction.

5. Insurance Issues

The insurance industry notices when too many units in a community are rented out, usually around 30-35%. Insurance companies have found that HOAs with a higher percentage of rentals often have more problems and claims. 

Because of this, associations with too many rentals have to pay more for insurance. Lenders also care about how many units are rented out because it can lower property values.

Sample HOA Rental Restrictions

Rental restrictions can vary from one association to another. Some types of HOA rental restrictions are more common than others. Here are some methods an HOA can use to limit rentals.

HOA Rental Caps

Rental caps limit the percentage of units within the community that can be rented out at any time. For example, an HOA may impose a rental cap of 30%. No more than 30% of the total units can be leased simultaneously. 

Rental caps help maintain a healthy balance between owner-occupied and rental properties within the community, preventing an excessive concentration of rental units that could disrupt the neighborhood’s dynamics.

Effective January 1, 2021, any rental caps exceeding 25% became unenforceable in California under Civil Code Section 4741. The law mandated associations with stricter rental caps to revise their governing documents to adhere to the 25% limit.

Some associations with no pre-existing rental caps may wish to add one. As per Civil Code Section 4740, newly imposed restrictions apply solely to owners who make their purchases after recording the restrictions.

Residency Requirements

Residency requirements, also known as ownership requirements, mandate that homeowners must own or reside in their units for a specified period before renting them out. This requirement encourages owner-occupancy and fosters a sense of community among residents.

However, in California, such a requirement is invalid and unenforceable. Under Civil Code Section 4741, HOAs can no longer mandate buyers to own and reside in their unit for a specified duration before they can rent it out.

Minimum Duration

Lease term requirements specify the minimum duration for rental agreements within the community. Minimum lease terms help prevent excessive turnover and maintain a consistent community atmosphere.

Can an HOA restrict short-term rentals? In California, an association can have HOA short-term rental restrictions. Civil Code Section 4741 explicitly permits governing documents to forbid transient or short-term rentals lasting 30 days or less. This statute solidifies the precedent set by the 2008 Mission Shores v. Pheil case.

Lease Agreement Required

HOAs may require homeowners to provide a copy of the lease agreement for any rental transactions within the community. This requirement ensures rental activities comply with the association’s rules and regulations. It also allows the HOA to monitor and enforce compliance effectively. By requiring a formal lease agreement, HOAs can protect the interests of both homeowners and the community.

No Rentals at All

In some cases, HOAs may prohibit rentals altogether, requiring all homeowners to occupy their units as primary residences. This restriction is less common but may be implemented in communities that value owner-occupancy. In California, however, Civil Code Section 4741 does not allow HOAs to prohibit or unreasonably restrict owners from renting out their homes.

Are HOA Rental Restrictions in California Allowed?

Under Civil Code Section 4741, homeowners associations may not prohibit or unreasonably restrict rentals within the community. Any provision that has the effect of prohibiting rentals is also not allowed. The same rules apply to amendments to an HOA’s governing documents.

That said, there are rental restrictions that California law permits. These include placing a rental cap of 25% or higher and prohibiting short-term rentals for 30 days or less.

Can HOA Change Rental Rules After Purchase?

Homeowners associations generally can amend their governing documents. However, in California, certain laws apply to rental restrictions.

According to Civil Code Section 4740, no governing document or amendment prohibiting renting a separate interest shall apply to a homeowner unless the provision or amendment was effective before the owner bought the individual interest. In other words, if an HOA adopts a regulation prohibiting rentals after an owner purchased their unit, that owner is not bound by that regulation.

If HOAs want to introduce rental restrictions, they should do so by amending the CC&Rs with approval from the members. These restrictions become effective once recorded and apply to all future owners. 

Sometimes, the board of directors may enact certain rental regulations without requiring a vote from the membership. However, boards should seek guidance from legal counsel before proceeding with any changes.

Can HOA Screen Potential Tenants?

Some associations have the authority to review potential tenants before leasing a property within the community. This process usually involves members submitting rental applications to the board for approval before signing a lease.

Before implementing such a policy, an HOA board should ensure it aligns with state laws. In California, Civil Code Section 4740 requires owners to provide an applicant’s name and contact details to the board before leasing the property. However, whether an HOA can screen potential tenants further through background checks, credit scores, and rental histories remains silent.

Tenant approval provisions may seem appealing to associations, as they allow the board to screen out tenants who may not fit well with the community. However, it is important to exercise caution when screening tenants. 

The federal Fair Housing Act prohibits housing discrimination based on various factors such as race, color, religion, sex, familial status, national origin, or disability. Even if a screening policy is not intentionally discriminatory, it could violate the FHA if it disproportionately affects a protected class. Therefore, any community that wants to screen prospective tenants should ensure that the screening process is neutral and does not disproportionately impact any protected class.

How to Enforce HOA Rental Restrictions

Enforcing rental restrictions presents challenges. Since tenants are not association members and are not under the HOA’s jurisdiction, the board can’t directly evict tenants who don’t comply with the rules. 

Instead, an HOA can focus on enforcing the rules on tenants through the property owners or landlords. If a tenant violates a rule, the property owner or landlord must answer. This can involve fining the owner, who can then recover the cost from their tenant.

The HOA board can also issue other disciplinary measures outlined in the community’s rules. If these measures prove ineffective, the board can take legal action, seeking a court order to stop further property leasing.

Striking the Right Balance

HOA rental restrictions are essential for maintaining the integrity and stability of residential communities in California and beyond. By regulating rental activities, HOAs can preserve property values, promote a sense of community, and ensure a harmonious living environment for all residents. However, considering state laws’ limitations, associations must ensure compliance to avoid liability.

Personalized Property Management offers expert management services to HOAs and condos in Southern California. Call us today at 760-325-9500 or email us at info@ppminternet.com to learn more!

When homeowners don’t pay HOA fees, a whole mess of consequences can follow soon after—not just for the homeowners but also for the association. While the exact penalties can vary from community to community, they all generally fall under the same umbrella, posing challenges for delinquent members.

The Importance of Paying HOA Fees

Homeowners associations rely on regular fees or dues as their primary source of income. These associations use these fees to pay for various expenses, including but not limited to:

• Cleaning
• Maintenance and repairs
• Insurance
• Management fees
• Amenity upkeep
• Pest control
• Landscaping

Late HOA payments, therefore, have a domino effect on an association. When homeowners fail to pay their dues, it cuts off the constant stream of revenue that HOAs depend on. Funds would dry up, resulting in deferred maintenance and a lack of general upkeep. Soon enough, vendors will have to terminate their services altogether.

With the lack of maintenance, common areas would deteriorate, and amenities would fall into disrepair. Residents would no longer be able to use the facilities they once enjoyed. The poor upkeep would also lead to an overall decrease in curb appeal and, in turn, property values. Homeowners would not get a return on their investment, and potential buyers would be scared off.

Sure, association boards could turn to other sources of funds. Special assessments are one of them. However, if homeowners refuse to pay regular fees in the first place, they will likely refuse to pay special assessments. 

Associations could seek financing from banks through loans, but these loans have to be paid back. Worse yet, they come with interest. When homeowners don’t pay their dues or assessments, finding the money to settle the HOA’s loan will be hard.

What Happens Don’t Pay HOA Fees in California?

Clearly, homeowners associations stand to suffer greatly from unpaid fees. This could even spell the end of an HOA completely. Residents would then have to suffer as their property values plummet.

However, diminished curb appeal and low property values are not the only consequences of unpaid fees. Homeowners also face potential implications from the HOA itself. Associations typically have an arsenal of collection strategies. There are a few possibilities depending on state laws and the HOA’s governing documents.

What happens if you don’t pay homeowners association fees? Let us count the penalties.

Late Fees

For most HOAs, the first course of action is typically to add a late fee or interest charge to the delinquent amount. In California, Civil Code Section 5650 grants this authority to homeowners associations. 

The section states that fees turn delinquent 15 days after they become due. The exception to this rule is if an HOA’s governing documents allow longer periods.

The dollar amount depends on the association. However, California law states that late charges may not exceed 10% of the delinquent amount or $10, whichever is greater. An HOA’s CC&Rs, though, can specify a smaller amount. 

Moreover, associations can only apply one late charge per assessment. After that, an HOA may charge an interest rate of 12% until the homeowner settles their debt.

It is important to remember that an HOA may only charge a late fee or interest when homeowners don’t pay HOA fees. Late fees and interest charges don’t apply to fines.

Do You Have to Pay HOA Late Fees?

The short answer is yes. The delinquent homeowner must settle both amounts if an HOA applies a late fee to an unpaid assessment. However, as stated above, an HOA may not charge a late fee on fines for violations.

Many homeowners want to know how to fight HOA late fees. While it is difficult to “fight” late fees, especially if an HOA is authorized to levy them and appropriately does so, a homeowner may attempt to negotiate with their HOA board. 

Suspension of Privileges

Homeowners associations may also suspend a homeowner’s privileges for failing to settle their dues. Suspending privileges usually involves temporarily barring an owner from accessing common amenities or facilities. 

However, an HOA may not suspend a homeowner’s access to elevators, lobbies, utilities, and trash collection services. Additionally, while an HOA can suspend an owner’s privilege to use a meeting facility for an unrelated HOA purpose, it may not bar an owner from using it to attend an HOA meeting or participate in elections. An HOA also can’t revoke a member’s voting rights.

An HOA in California must follow due process when suspending a member’s privileges due to unpaid fees. Moreover, the association’s CC&Rs must reflect the suspension of privileges as part of its published policy for collecting delinquent dues.

Collection Agency

An HOA may also hire a third party to collect the unpaid dues on its behalf. These third parties can include collection agencies, management companies, and lawyers. Associations typically need to pay a fee for this service, such as a flat fee or a percentage of the collected amount. The Fair Debt Collection Practices Act applies to collection agencies an HOA hires to collect delinquent amounts. 

Lawsuits

When homeowners don’t pay HOA fees, an association may take legal action against them. Sometimes, a court may grant the HOA the ability to garnish the owner’s wages to settle the outstanding debt. The owner may even need to pay for the HOA’s legal fees. Results can vary on a case-to-case basis.

Liens

For most homeowners associations, collecting unpaid dues often involves attaching a lien to an owner’s property. 

In California, before an HOA can record a lien for delinquent assessments, it must first notify the homeowner about the outstanding charges. This notice, which must be sent at least 30 days before recording the lien, must include details such as the collection and lien enforcement procedures, a breakdown of the charges owed, and options available to resolve the delinquency issue.

Additionally, the association must offer the homeowner an opportunity to resolve disputes through their “meet and confer” program upon request. Homeowners can also request a meeting with the board to discuss establishing a payment plan.

If the parties can’t agree to settle the outstanding dues, the HOA can proceed to record a lien on the property in the county records. Following this action, the association must mail a notice to all record owners within 10 calendar days of recording the lien.

The decision to record a lien for delinquent assessments rests solely with the HOA’s board of directors. This decision must be authorized by a majority vote of the board members during an open meeting, and the details of this vote must be documented in the meeting minutes.

Foreclosure

Can you be evicted for not paying HOA fees? In California, the short answer is yes. After 30 days from the lien’s recording, the HOA has the option to foreclose the lien either judicially or nonjudicially. Nonjudicial foreclosures are the more common, though.

California law imposes restrictions on the HOA’s foreclosure authority under certain conditions. Foreclosure by the HOA is prohibited unless:

• The outstanding amount exceeds $1,800, excluding accelerated assessments, late charges, collection fees, legal expenses, attorneys’ fees, or interest; or,
• The assessments guaranteed by the lien are overdue by more than 12 months.

Redemption Period

As per California Civil Code Section 5715, if the HOA conducts a nonjudicial foreclosure, a 90-day right of redemption applies following the sale. To redeem the property, the homeowner must settle all assessments, interest, attorneys’ fees, and potential repair costs.

The redemption period for judicial foreclosures is three months if the sale proceeds can cover the debt or one year if the sale proceeds can’t.

HOA Collection Policy Required in California

California mandates that HOAs establish and distribute their collection policies every year. This includes a statement detailing the association’s policies and procedures for enforcing lien rights or other legal measures in cases of default in fee payments.

While the statute requires a collection policy, it doesn’t specify penalties for non-compliance. An association lacking a collection policy would likely face legal challenges if it attempted to enforce late fees against delinquent members or foreclose on units.

Associations must disclose their policies and practices for enforcing lien rights and other legal remedies for collecting overdue fees, such as money judgments and suspending privileges. An HOA must provide this policy to members annually within 30 to 90 days before the start of the fiscal year.

The policy should include the association’s procedures for payment plans, late charges, interest imposition, and members’ dispute resolution rights, including internal and alternative dispute resolution.

What Can HOA Do If You Don’t Pay HOA Fees?

The repercussions of homeowners failing to pay HOA fees are extensive and far-reaching, affecting both the homeowners and the associations they belong to. Homeowners face penalties ranging from late payment fees and a suspension of privileges to third-party collections and legal action to liens and foreclosures.

Personalized Property Management offers expert management services to HOAs and condos in Southern California. Call us today at 760-325-9500 or email us at info@ppminternet.com to learn more!

Board members must know how to navigate reasonable accommodations in HOA communities. By doing so, HOA boards can avoid potential liability and accommodate residents with disabilities.

Understanding Reasonable Accommodations in HOA

HOA residents come from all walks of life, some of whom have disabilities. Now and then, a disabled resident will ask their association for a reasonable accommodation to make life in the community easier. When this happens, an HOA board must know how to handle the request.

According to the U.S. Department of Housing and Urban Development (HUD), an HOA reasonable accommodation is “a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have equal opportunity to use and enjoy a dwelling, including public and common use spaces.”

Reasonable Accommodation vs Reasonable Modification

According to the Fair Housing Act, a reasonable modification differs from a reasonable accommodation. A modification is any change to a building’s public or common-use spaces or any change to a dwelling. Meanwhile, a reasonable accommodation has more to do with changes to a rule, policy, practice, or service.

What Is the Fair Housing Act?

The federal Fair Housing Act (FHA), also known as Title VIII of the Civil Rights Act of 1968, is a landmark piece of legislation in the United States to combat housing discrimination. The U.S. government enacted the FHA in response to widespread racial discrimination in housing markets. It prohibits discrimination by housing providers based on race, color, religion, national origin, sex, familial status, or disability.

The FHA generally applies to homeowners associations and condominiums. Additionally, associations must adhere to many states’ fair housing laws. In California, the Fair Employment and Housing Act (FEHA) is enforced by the state’s Civil Rights Department.

Can HOA Restrict Requests for Reasonable Accommodations?

Both the FHA and California’s FEHA require HOA accommodations for disabled residents. Associations must reasonably accommodate a disabled resident’s request to modify their dwelling or the common areas to address their disability. The resident must make these modifications, though, at their own expense.

There are many instances where reasonable accommodations in HOAs are necessary. If a common facility is inaccessible to a resident who has a walking disability, they might ask to install a wheelchair ramp or handrails.

There are certain conditions, though, that apply to the right to modify common areas. These include the following:

1. Modifications should not compromise the structural integrity or mechanical systems of any part of the development or diminish support for any area.
2. Modifications must adhere to relevant building codes.
3. Modifications must align with the governing documents concerning safety and aesthetics.
4. Owners intending to make modifications must submit plans to the association. The association must accept them with valid reasons.
5. Modifications should be clear to allow reasonable passage for other residents. If the resident requiring the modification vacates the unit, the modification must be dismantled. However, removal is not an automatic requirement. The association may request their removal if the alterations negatively impact future occupants. Otherwise, the improvements can remain.

Interactive Process Required

When a resident submits a request for reasonable accommodation, the HOA must enter an informal “interactive process” with the submitter. After establishing the need for the accommodation, the HOA should identify what the disabled resident needs and determine the accommodation necessary. If an HOA fails to do this in good faith, it could face potential liability.

Licensed Contractor

An HOA board may require residents to hire a licensed and insured contractor for reasonable modifications to the common areas. The board can also mandate that the contractor secure the appropriate building permits before commencing work.

Can an HOA Ask for Proof of Disability?

After receiving a request for reasonable accommodation, an HOA may doubt a person’s disability and ask for proof. However, this can be slippery, so HOA boards should not do this carelessly.

If the resident’s disability is obvious, the HOA cannot ask for additional information or evidence of the disability. That said, if the disability is not obvious, the HOA may ask for further information that verifies the following:

• The resident has a disability;
• There is a need for reasonable accommodation, and,
• The connection between the disability and the reasonable accommodation requested.

Reasonable Accommodations in HOA: Upholding Confidentiality

Confidentiality is a must when it comes to reasonable accommodations. An HOA board should never divulge or disclose any information pertaining to a resident’s disability, including the resident’s request for reasonable accommodation and any medical information associated with the person.

Section 12176(b)(1) of the California Code of Regulations makes this abundantly clear. If an HOA shares any such information with other parties, the association and the board may be in legal trouble.

Reasonable Accommodations in HOA: Understanding Discrimination

The Act defines discrimination as “a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.” 

Furthermore, the statute deems it illegal to refuse reasonable accommodations in rules, policies, practices, or services when such accommodations are needed to provide equal opportunity for the handicapped individual to utilize and enjoy a dwelling.

Does My HOA Have to Comply With ADA in California?

In 1990, President George H.W. Bush enacted the Americans With Disabilities Act (ADA). The law ensures equal opportunities and safeguards the rights of individuals with disabilities. This legislation governs private and public facilities, paralleling the jurisdiction of the federal FHA.

Homeowner associations, as private residential communities, typically fall outside the scope of the ADA. This means that the ADA does not generally apply to these associations. However, some sections may.

Portions of the common areas accessible to the public must adhere to ADA regulations, as affirmed in Coronado v. Cobblestone Village. The ADA applies to community association property open to the general public, even for occasional or limited events.

While purely residential HOAs typically evade ADA requirements if their property remains closed to the public, they still must adhere to the FHA. Moreover, California’s FEHA also mandates HOAs to provide reasonable accommodations for individuals with disabilities.

When Does the ADA Apply to HOAs?

Generally, the ADA applies to common amenities and spaces in an HOA that are not exclusive to residents. In other words, these areas are open to the public. Under the ADA, all public and government facilities must comply with the regulations concerning reasonable accommodations.

If an HOA operates a public accommodation, it must ensure that the public area or facility complies with the ADA. Here are some examples of situations or spaces in an HOA that may fall under the scope of the ADA:

• The HOA has a rental office within the premises that regularly welcomes visits from the general public
• The HOA rents out an amenity or facility to the general public (including selling membership passes to use the pool or courts)
• Churches, clubs, or schools utilize the amenities or facilities of the HOA regularly
• The HOA is part of a timeshare
• Charity events
• Tennis or golf tournaments that allow members of the general public to attend as viewers

Any common area within the association utilized for public events must comply with ADA regulations. Similarly, if the HOA organizes an event that invites members of the general public, that event space must adhere to ADA guidelines. This can also include parking spaces that are open to guests.

The ADA can still apply even if a common space or facility is not always open to the general public. As such, an HOA should carefully consider its options and consult a lawyer before opening its community to members of the public. Otherwise, the association could quickly land itself in hot water.

Hiring an HOA Lawyer or Management Company

Reasonable accommodations may seem simple, but many HOA boards struggle with the subject. An HOA should consider hiring an HOA lawyer or management company to make matters easier.

HOA lawyers are well-versed in federal and state laws that apply to associations, including the FHA and California’s FEHA. They know how to address reasonable accommodation requests and approach each situation carefully. They can advise board members on the appropriate actions to take.

Similarly, HOA management companies offer legal assistance to associations. They handle reasonable accommodation requests regularly. If a self-managed board wants to delegate the job to a professional, hiring an HOA management company is best.

The Bottom Line

Managing reasonable accommodations in HOA communities is essential for fostering inclusivity while minimizing potential liability. By understanding the requirements outlined in federal and state laws, HOA boards can navigate requests for accommodations effectively. Proactively addressing reasonable accommodation requests can also benefit HOAs. With this, an HOA board can create a welcoming and accessible community while fulfilling its legal obligations.

Personalized Property Management offers expert management services to HOAs and condos in Southern California. Call us today at 760-325-9500 or email us at info@ppminternet.com to learn more!

Communication in HOA communities is crucial to building a good relationship between the members and the HOA board. A lack of communication could cause conflict and lead to misunderstandings, accusations, and even legal complications. 

HOA Communication Tools to Adopt

Homeowners associations have several tools at their disposal. Here are a few tools your community can use to foster more efficient open communication.

1. HOA Newsletter

Newsletters are an excellent way to communicate important affairs to HOA members. Publishing newsletters lets them stay updated on community projects, events, and relevant news. The best HOA newsletters also cultivate good relationships within the neighborhood. 

Consider printing or distributing electronic newsletters regularly. HOAs can do so once every quarter or once a month. However, avoid publishing sensitive information or those that would humiliate members, such as the names of violating or delinquent members. 

2. HOA Email Communication

Maintaining an HOA email list is a quick and effective way to communicate with members. The association can quickly distribute electronic newsletters, announcements, and board meeting minutes using the HOA email address.

However, remember that email is not always ideal for every community. For example, communities primarily catering to elderly residents might benefit more from physical mail. Apart from this, email is not appropriate for all circumstances. If a board member wants to confront a homeowner about a violation, discussing the issue in person might be best.

3. Text Messages and Phone Calls

Text blasts are a great way to send information to homeowners. They’re easily accessible for both the board and residents, and they tend to deliver information quickly, which is useful for emergencies. 

In addition to these, homeowners associations can also send emergency messages through automated phone calls. This is helpful as it quickly gets homeowners’ attention. It’s also a better method of communication for homeowners with visual impairments. 

4. Direct Mail

Some people may think direct mail is outdated, but it’s still a good form of communication. In fact, many elderly residents will appreciate direct mail as it’s easier for them to access. Moreover, homeowners can read these letters on their own time. They also don’t get buried in their inbox like emails or text messages. 

5. Social Networking Sites

Social media can make communication between HOA boards much easier. This is especially useful if the HOA is composed primarily of younger, tech-savvy residents. Consider creating a dedicated Facebook group to disseminate announcements. 

Social media is also a good way to encourage the members to connect with their neighbors. They can discuss issues informally, talk about community events, or provide suggestions to the HOA board. 

However, remember that social media can get chaotic, especially when disgruntled homeowners spam unhelpful comments on HOA posts. Hence, creating an HOA communication policy or social media guidelines for members to follow may be wise. 

6. Community Websites

A dedicated HOA website is a good alternative to social media platforms. It may cost more or be more difficult to set up, but the board can better control the content posted. The HOA can publish the most important announcements on the front page with a website. 

In addition, websites are multifunctional and can integrate other services. For example, the board can use the portal to receive work order requests, architectural review requests, and violation reports.

7. Physical Signs, Flyers, and Bulletin Boards

Physical signage and flyers are still relevant even in the digital age. After all, not everyone is tech-savvy enough to know how to use an email address or navigate a website. We recommend posting physical signs in prominent locations like the community clubhouse bulletin board.

It’s also a good idea to post rules in relevant locations. For instance, the HOA can communicate its pool rules by posting a sign right by the community pool. They should also post parking signs in HOA parking spaces.

8. Board Meetings

Most homeowners associations conduct board meetings periodically. Use the opportunity to communicate relevant information or make announcements to the residents. It’s also a good avenue to discuss community issues such as problems with drainage, vendor issues, and the like.

9. Welcome Packet

An HOA can quickly disseminate important information to new homeowners through a welcome packet. Make sure it includes all essential information about HOA living. We recommend including the community’s governing documents and rules and regulations. Remember also to include FAQs regarding trash disposal, operating hours, and amenity use.

In addition, the welcome packet may have a resource page that lists local necessities such as grocery stores, home improvement shops, and hardware stores. The HOA can also list the contact information of local utility and service providers. 

Best Practices for Communication In HOA Communities

How should communication in HOA communities be done? Follow these best practices to foster a harmonious environment. 

1. Explain the Reason for Policy Changes

Board members often tell residents about policy changes without explaining them. This can lead to confusion and frustration among residents. As such, we recommend communicating why certain policies might change.

For example, the association has adopted certain pet restrictions regarding dog breeds. This decision is often not arbitrary—and it shouldn’t be. It often arises from specific incidents. For example, a resident’s violent dog may have caused an accident. 

It’s also helpful to outline how the new policy benefits the community. This will help the residents understand how it will improve their quality of life. As a result, they won’t see policy changes as a limitation but an enhancement. 

2. Communicate Changes Promptly

Homeowners association communication must be thorough and prompt. If there’s any change in the community, don’t delay sending word to the homeowners. Otherwise, residents not caught up with new policy changes might receive warning letters for violations they didn’t realize they’d committed. 

Apart from being considerate to the homeowners, the governing documents may also require prompt communication. Some governing documents give boards only 30 days to communicate new policies. 

3. Be Clear with Rules

New policies, rules, or guidelines may overwhelm the community, especially if it entails a big change. HOAs can help residents digest the changes by breaking down how the community will adopt the new rules. The residents will know what to expect and make preparations.

It may also be helpful to adopt new rules slowly. For example, a new rule may limit how long guests can park in guest parking spaces. To ease the rule into community life, incrementally decrease the allowed period. If the HOA’s goal is to limit parking to 24 hours, try limiting it to 72 hours for the first month. The HOA can then implement a 48-hour limit in the second month and a 24-hour limit in the third. 

4. Use Multiple Communication Channels

One big mistake HOAs make is using only one communication channel. While certain channels like email or social media are convenient, they are not enough. Some people may not check their email or use social media. Hence, homeowners associations should use everything to keep everyone in the loop. 

5. Communicate Frequently

Frequent communication in HOA communities is always better than no communication at all. Make sure the residents are up-to-date on all the HOA’s affairs. Keep them informed of upcoming events, meetings, and even minor details such as the landscaping schedules.

6. Focus on Long-Term Effects

When communicating with homeowners, HOAs should focus on the long-term benefits and effects of a rule change. This will showcase how valuable the change will become to the community. 

For instance, let’s say the board has adopted a new rule that limits the types of trees homeowners can plant. Residents can more easily accept the rule if the board explains how certain tree species are more likely to cause structural damage due to sagging and falling tree branches. 

7. Keep Confidential Issues Private

Constant and open communication is beneficial, but that doesn’t mean the HOA should tell the homeowners everything. Sensitive issues such as litigation, delinquencies, and private data should never be publicized to the community. Otherwise, it can cause conflict within the HOA as some individuals may feel their privacy has been breached.  

Also, disclosing confidential information could be against state law or the governing documents. This could lead to lawsuits, costing the association thousands of dollars in litigation expenses. 

8. Create an FAQ Page

A Frequently Asked Questions (FAQ) page is essential for any homeowners association. It’s helpful for both old and new homeowners as FAQ pages outline everything most homeowners need to know. Ensure to include common questions regarding meeting schedules, rental restrictions, tenant rights, pet regulations, monthly assessments, and voting rights. 

Make Communication a Priority

Communication in HOA communities should be a top priority for HOA board members. It can make or break the residents’ overall satisfaction and keep conflict at bay. Just make sure to use the right tools and adopt effective communication practices. 

Don’t have time to manage your communication channels? Personalized Property Management can help. We provide premier management services to communities all across Southern California. Call us at 760-325-9500 or email us at info@ppminternet.com for more details!

Every community should exercise proper HOA vendor management. From hiring the right vendors to maintaining healthy relationships with them, the HOA board manages all vendors and contractors.

What Is HOA Vendor Management?

Homeowners associations are responsible for many tasks, including tasks that volunteers can’t accomplish independently. For work like maintenance, repairs, and landscaping, for instance, an HOA would be better off hiring a third party. This is where homeowners association vendors come in.

HOA vendor management is the practice of managing, scheduling, and coordinating with vendors. It involves the entire process – from hiring vendors to monitoring their performance. It is essential for maintaining quality, controlling costs, ensuring compliance, managing risks, and fostering positive community relations within homeowners associations.

How to Select HOA Vendors

It is imperative to start from the beginning to facilitate a good working relationship with vendors. Homeowners associations should first select quality vendors that match their values and goals. Far too many HOA boards hire vendors without doing proper research, resulting in years-long contracts with mediocre vendors.

Here is how to pick HOA vendors that suit your community.

1. Check Governing Documents

Before starting the vendor selection process, review the HOA’s governing documents, including the bylaws and CC&Rs (Declaration of Covenants, Conditions, and Restrictions). These documents may specify requirements or restrictions regarding vendor selection, contracts, and financial considerations.

2. Employee vs. Independent Contractor

Determine whether your HOA needs an employee or an independent contractor for the services required. Employees are directly managed by the HOA and may be suitable for ongoing tasks, while independent contractors offer specialized services on a contract basis.

With employees, your HOA must pay their wages directly, have workers’ compensation, and may need a more comprehensive fidelity bond. Contractors offer more wiggle room, as they are responsible for their wages, taxes, and insurance. Your HOA merely needs to pay the contractor the agreed price.

3. Establish a Budget

Set a realistic budget for the services your HOA needs. Consider factors such as the size of the community, the scope of work, and any financial constraints. A clear budget will help narrow vendor options and ensure that the selected vendor aligns with the association’s financial goals.

4. Send Out RFPs

Create requests for proposals (RFPs) outlining the scope of work, expectations, and evaluation criteria. Having an RFP standardizes the proposals candidates send you, making it easier for your HOA board to review each one. 

Distribute the RFP to potential vendors, inviting them to submit proposals detailing their qualifications, experience, and pricing. It is important to be specific about the requirements to ensure that vendors provide relevant information.

5. Contact References

Request references from vendors and contact previous clients to gather feedback on their performance, reliability, and customer service. Ask about the vendor’s communication style, responsiveness, and ability to meet deadlines. References provide valuable insights into the vendor’s reputation and reliability.

6. Verify Credentials, Licenses, and Insurances

Before hiring a vendor, verify their credentials, licenses, and insurance coverage. Ensure that the vendor holds the necessary permits and certifications to perform the services in your area. 

Additionally, confirm that the vendor carries adequate insurance coverage to protect against liability and property damage. Your HOA can ask for a Certificate of Insurance as proof. However, insurance coverage should not stop once you hire a vendor. Vendors should maintain their insurance policies, so asking for the same certificate every year is best.

7. Interview Candidates

Conduct interviews with shortlisted candidates to assess their suitability for the job. Sample questions to ask vendors include:

• Can you provide examples of similar projects you’ve completed?
• How do you handle communication and updates?
• What measures do you take to ensure quality and customer satisfaction?
• How do you address unexpected challenges or delays?
• What is your approach to resolving disputes or issues that may arise?

The interview portion will also allow your board to gauge the personality and work ethic of the candidates. Getting a clear picture of potential vendors beyond their services is vital. Building a strong relationship with a vendor will prove difficult if your HOA doesn’t share the same values and objectives.

8. Get a Vendor Contract and Have a Lawyer Review It

Once you pick a vendor, draft a detailed contract outlining the scope of work, timelines, payment terms, and responsibilities. It is essential to have a lawyer review the contract to ensure legal compliance and protect the HOA’s interests. Your HOA lawyer should ensure the contract includes indemnification, dispute resolution, and termination clauses.

One thing that HOA vendor contracts may have is an auto-renewal clause. This clause specifies that the vendor agreement will automatically renew for another X years if the HOA fails to terminate the contract within a certain time. Make sure your vendor contract does not have this clause.

Your HOA board should negotiate for a shorter contract period first. Perhaps start with a 1-year agreement. This way, you can evaluate the vendor’s performance and be free to terminate the contract if the results don’t meet your standards. Don’t trap your HOA into a 5-year contract with a subpar vendor.

9. Make an Informed Decision

Finally, all proposals, references, and interviews should be evaluated to make an informed decision. Consider factors such as reputation, experience, pricing, and compatibility with the HOA’s values and goals. Choose a vendor that meets the association’s needs and demonstrates professionalism, reliability, and a commitment to quality service.

If a vendor seems like the best fit but is too expensive, don’t hesitate to ask for discounts or bulk pricing. And keep in mind that quality does not always equal price.

Where to Look for HOA Vendors

Now that you know how to hire vendors, you should also know where to start looking for them. A simple Google search may give you results, but more effective ways to search for reputable vendors exist.

Here are three methods for looking for HOA vendors:

• Online Directories. Online directories list all the vendors that serve a particular area or vicinity. Some directories even cater specifically to HOAs or planned communities.
• Referrals. If you want a tried-and-tested vendor, ask around for referrals. Perhaps you can ask someone from a neighboring HOA or seek out suggestions from members of the association. Just make sure there is no conflict of interest.
• HOA Management Company. Regarding HOA vendor management, management companies have the practice down pat. If you already have an HOA management company, they already have a network of vetted vendors. 

How to Manage HOA Vendors

Effective HOA vendor management is essential for ensuring vendors deliver quality services on time. Here are key strategies for managing HOA vendors and fostering successful partnerships.

1. Communicate Clearly and Frequently

Clear and frequent communication is the cornerstone of effective HOA vendor management. Establish open communication channels with vendors to relay expectations, updates, and any changes in requirements. 

Your HOA board should communicate project timelines, scope of work, and any specific guidelines or preferences. Encourage vendors to provide status updates and address any concerns promptly. By maintaining transparent communication, HOAs can prevent misunderstandings and ensure smooth project progress.

2. Evaluate Performance and Provide Feedback

Regular performance evaluations are crucial for assessing vendor performance and identifying areas for improvement. Your HOA board should establish measurable criteria for evaluating vendor performance, such as adherence to deadlines, quality of work, responsiveness to requests, and customer satisfaction. Collect feedback from residents to understand their points of view. 

Once you have an evaluation, don’t keep it to yourself. Communicate them to your vendor. Provide constructive feedback by acknowledging their strengths and addressing any areas needing improvement. Performance evaluations will also prove useful for contract renewals, negotiations, and terminations.

3. Build a Healthy Relationship

Building a healthy relationship with vendors begins during the hiring process. Screen and select vendors carefully based on their qualifications, experience, and compatibility with the HOA’s values and goals. 

Establishing clear expectations and responsibilities upfront is essential to avoid conflicts. A clear and comprehensive contract can accomplish this, but communication is equally critical.

Of course, your HOA board should also show your appreciation. It goes both ways. Vendors should feel valued for their hard work, especially if they provide quality results. To show you care, foster a collaborative and respectful working environment while always maintaining professionalism.

HOAs can build trust and loyalty with vendors by cultivating a positive relationship from the outset. This will help you establish long-term partnerships built on mutual respect and success.

HOA Vendor Management Done Right

Homeowners associations rely on vendors to maintain the integrity and functionality of their communities. Whether it’s landscaping, maintenance, or repairs, choosing the right vendors and knowing how to manage them is crucial for the well-being of the association and its residents.
Personalized Property Management offers expert management services to HOAs and condos in Southern California. Call us today at 760-325-9500 or email us at info@ppminternet.com to learn more!

An HOA budget is important in maintaining the community’s financial health. Without it, the HOA may be unable to fund its regular maintenance activities. How does the board manage to create an accurate one every year? Let’s examine the steps to create an HOA annual budget.

What Is an HOA Budget?

An HOA budget, also known as the HOA operating budget or annual budget, is the financial plan that forecasts the community’s income and expenditures for the fiscal year. It allows the association to allocate its financial resources to various activities such as maintenance and necessary repairs. Moreover, it helps them determine how much to charge the homeowners in HOA assessments. 

Parts of an HOA Budget

Like any financial plan, a homeowners association budget has several parts. These parts can be divided into two overarching categories: income and expenses. 

Income Sources

Homeowners associations need an income source to fund their operations. Typically, this comes in the form of homeowner assessment fees, which are the monthly assessments homeowners are required to pay the HOA. These fees also include other necessary fees, such as special assessments.

Apart from assessments, HOAs may also earn money from other revenue streams. For example, the HOA may charge for services and amenities such as gym use or landscaping. The HOA may even charge event fees and earn income from renting common areas. Moreover, many communities earn money through fines for HOA violations.

Expenses

HOAs have three main expenses to account for in the budget: operational costs, reserve funds, and community improvements. Operational costs include everyday expenditures like utilities, management fees, insurance, and cleaning. 

Meanwhile, the reserve funds are set aside for major expenditures outside of regular operations, such as major repairs, upgrades, and replacements. They also exist to fund emergencies to avoid special assessments.

Lastly, communities must fund HOA improvements that will enhance the community’s living experience. This includes anything from gym renovations to new facilities like pools or co-working spaces. 

How to Plan an HOA Budget

HOA budgeting can be overwhelming, especially for communities without experience with HOA financial planning. However, it can be made easier if we break the process down into several key steps. 

1. Form a Committee

Homeowners associations often create a dedicated budget or financial committee that creates the budget. Typically, this includes the HOA treasurer and several community volunteers who are well-versed in financial management. It also includes a representative from the HOA management company, if applicable. 

2. Set an HOA Budget Meeting

With the team assembled, it’s time to schedule a dedicated meeting to plan the budget. Set a date and time when everyone is available. If you’re having trouble, consider scheduling the meeting after a regular board meeting or HOA event. If they’re also attending the HOA event beforehand, more of the committee members should be able to come. 

However, remember that it’s best to dedicate an entire afternoon to the meeting. This will give you ample time to consider every possible factor that affects the community’s budget. 

3. Gather Financial Information

The committee should collect financial information from the HOA. A good way to gauge the association’s projected income and expenses is to get an example of the HOA budget—preferably the previous year’s budget. 

Review the budget and how the committee allocated money for each expense. Compare the association’s actual income and expenses for the previous year to the budget. 

The committee can also review the HOA’s account balances and previous financial statements. These should provide an overview of the HOA’s financial condition and help you identify potential problems. 

4. Set Goals

Homeowners associations maintain the common areas, enforce the rules, and enhance the community’s overall living experience. However, in addition to the community’s regular operations, HOAs should identify its long-term goals and needs. 

What does the community want to happen in the next 5 years? Answering this question will help the committee set financial priorities and create a more effective budget. For example, the community wants to create more useful facilities for its residents. The HOA will need ample funds in its reserves for capital improvements to do this. The budget committee can then suggest increasing regular assessments to fund the reserves.

Before you set your goals, remember to consider the community residents’ opinions. Consider surveying the homeowners for improvements they want to see around the neighborhood. The board may want that new pool, but homeowners may simply want more services such as snow removal and landscaping. 

5. Estimate Community Expenses

The community’s regular expenses are among the most important HOA budget requirements. Make sure to account for all the necessities so you don’t levy a special assessment later. Moreover, it’s crucial to remember that prices of various services and utilities may change due to inflation. 

One way to do this is to ask the HOA’s vendors about their rates for the coming year. Some vendors may provide the same rates, while others may increase their prices to accommodate rising material and labor costs. 

6. Account for the Reserves

If the HOA hasn’t conducted a recent reserve study, they should consider hiring a professional to assess the community’s physical assets and financial condition. Doing so will help the committee allocate how much it needs to fund the reserves. With ample reserves, the community will be ready for upcoming major repairs and replacements. 

7. Anticipate Changes

The HOA budget might serve as a reliable guide for homeowners associations. But changes and unexpected challenges occur no matter how well you plan things. It’s best to anticipate these changes and account for them beforehand.

For instance, the country’s economic condition might change in the following months. This can increase wages and inflation, resulting in higher contractor and management costs. Moreover, economic shifts may lead to unemployment and impact homeowners’ livelihoods. It can affect the HOA as there may be more delinquencies and late payments. 

8. Calculate Assessments

After considering all the factors, it’s time to calculate the regular assessments. Ensure that the HOA’s collections are enough to meet the community’s monthly expenditures. You should also account for the reserve funds and capital improvements.

However, remember that significant increases may invite backlash from the homeowners. Thus, balancing the community’s needs with the homeowners’ capabilities is crucial. The committee and board should also review state law and the governing documents, as there may be limits to how much the HOA can increase its fees. 

For instance, the state of California limits assessment increases to 20% of the preceding fiscal year’s HOA dues. The HOA can only surpass that limit with the approval of a majority of a quorum of the membership. 

9. Present the Budget and Gather Feedback

The budget committee should make a preliminary presentation to the community. Remember to be transparent with the HOA’s financial condition, needs, and constraints. The committee must also be open to correction and suggestions. Be prepared to adjust the budget according to the feedback. 

HOA Budget Best Practices

Here are some tips and best practices to keep in mind to create a reasonable budget. 

1. Be Transparent

The committee must be transparent about HOA finances. It must communicate the budgeting process and results clearly to the homeowners. Ensure they are well-informed about the community’s current state to support the budget and fee increases.

2. Don’t Neglect the Reserves

There will always be emergencies and rainy days in life. Accidents and natural disasters happen, so it’s best to be prepared to fund any major repairs, replacements, or maintenance when they do. 

3. Plan for the Long-Term

It’s easy to fall into the trap of planning for only short-term goals. However, planning for the community’s long-term objectives is the wiser choice. Anticipate future needs such as major improvements, upgrades, and amenity constructions. 

4. Use Technology

Several useful tools can help with budgeting and financial planning. They can help you track expenses, forecast income and expenditures, and generate reports. Take advantage of them to streamline the budgeting process and make proper analyses. 

5. Observe and Adjust

The community should regularly monitor its finances and spending as the year passes. Pay attention to whether or not the community remains within or exceeds the HOA budget. If you notice a discrepancy, adjust the budget to stay on track. 

6. Seek Professional Help

Budgeting often requires financial management expertise and accounting knowledge. If your community doesn’t have a resident accountant or financial expert, consider hiring a professional management company to help you draft the budget. It’s also a good idea to work with reserve study specialists to help you plan the reserves. 

A Successful Community

An HOA budget is essential for a community’s success. Otherwise, the community might neglect its duties and let its common areas disappear, which will affect the residents’ quality of life and impact property values.

Do you need help creating a community budget? Personalized Property Management can help. We offer specialized management services to South California homeowners associations. Call us now at 760-325-9500 or email us at info@ppminternet.com to learn more!