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Review The HOA Rules BEFORE You Purchase Your Warren County Home

By
Real Estate Agent with Transaction Alliance 513.520.5305 www.LizTour.com SAL.2002007747

Wedgwood patio homeReview The HOA Rules BEFORE You Purchase Your Warren County Home

We see it often on the subdivision Facebook groups, something to the effect of "I HATE these HOA rules!", and often followed by "If I'd have known what the rules were like I wouldn't have bought this house!".  The reality is subdivisions have HOA rules and regs to keep things neat and orderly and to protect values.  You might even find out some country homes also have covenants and restrictions for the same reasons. 

Now if you're buying without a REALTOR(R) assisting you, the HOA rules might get overlooked.  It's natural to be focused on the house, the pricing, what conveys and what doesn't, details like that during negotiations.  However, there's a clause in the Cincinnati Area Board of Realtors(R) standard contract that allows for buyer review of the HOA rules & regs.  Typically the seller has 3 days from time of accepted contract to provide the buyer a complete copy for review.  The buyer then has the option to review the rules and find out if there are any deal killers in the deal:

  • Can you have a shed?  If so, where on the lot?
  • Can you have a fence?  What kind?
  • Can you build a detached garage?  What are the requirements?
  • How long can you park what and where?  Got a boat?  Camper?  RV? 
  • Is there only ONE authorized color for the mailbox?  Sorry, but Cleveland Brown orange is NOT it!

HOA rules vary significantly from community to community, as does enforcement.  A few suggestions for finding out which type of community you're considering:

  • Talk to the residents.
  • Take a look at the neighborhood.  What do you see?  Well-kept or obviously a bit "loosey goosey"?
  • Facebook.  Is there a community group on Facebook?  If so, read the board.  You'll quickly get a pulse of the pros and cons of the neighborhood straight from the horse's mouth.

Bottom line, AFTER you're in your home is the wrong time to find out that you can't do something you HAVE to do.  Read the HOA rules and regs during your contract phase.  Drink 3 cups of coffee if you have to, because most HOA documents will cure the worst case of insomnia, but reading and understanding what you're getting into will avoid those post purchase regrets!  And if you have questions, ASK!  Get clarification BEFORE you've lost the right to leave the deal.

Serving Warren County's residential real estate needs,

Liz and Bill aka BLiz

Posted by

Serving Warren County Ohio & Adjacent Areas

The Liz Spear Team of Transaction Alliance
Elizabeth Spear, ABR, Ohio License SAL.2002007747

William (Bill) Spear, Ohio License SAL.2004011109  Kentucky 77938
Ask for us by name if you visit the office!

EHO
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Liz Direct: 513-265-3004     
Fax: 866-302-8418

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Comments(38)

Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Dick, Nothing corrupts like ultimate HOA power!  (or at least in a few nightmare cases we've read about!).  There needs to be a balance between acting in the community's best interest and being citation and fine happy just to show you're in control.

Charita, We've lived with housing regulations before (Go Navy!).  :)

Apr 25, 2013 06:44 AM
Potranco Realty
Potranco Realty - San Antonio, TX
"Sold with Potranco Realty"

Howdy Bliz, HOA/POA rules are very important for buyers to understand before they purchase and you're right about buyers not using a real estate professional might overlook the importance of reading the HOA declarations.

Apr 25, 2013 06:45 AM
Michelle Gibson
Hansen Real Estate Group Inc. - Wellington, FL
REALTOR

Bill & Liz - This is excellent advice for home buyers and something a lot of them don't want to take the time to read.

Apr 25, 2013 06:55 AM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Wise comments and instructions to incoming buyers!  It's always wise to "wade" through the entire document to make sure of what they allow or disallow. That could affect a buying decision.  GREAT BLOG!

Apr 25, 2013 06:55 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Bob, It's easy to understand it getting skipped for someone not working with a professional.

Michelle, No doubt, VERY boring, but very important to understand.

Jan, Tedious, but avoids surprises like the one Jared mentioned.

Apr 25, 2013 07:07 AM
Susanna Haynie
CO-RE Group, LLC -Real estate sales and services - Colorado Springs, CO
Colorado Springs Realtor GRI CNE MCNE ePro MRP
HOA's have become very common and 'popular' in Colorado Springs. Yes, some people don't like all the rules, however, I was just talking to another Realtor today who commented on a particular subdivision: "No HOA there. Not great. People do what they want and that affects the market". Believe it or not, I heard it like THAT for the first time. (though I have been thinking it before).
Apr 25, 2013 08:07 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Susanna, There's definitely a need (up to a point).  None of us want to see four clunkers on blocks in the front yard and grass high enough to lose a toddler, but on the other hand when someone puts their firepit in the driveway to sit around and chat with the neighbors and gets cited the next morning because it hasn't been moved to the backyard yet, perhaps a little overzealous.

Apr 25, 2013 08:27 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

BLiz

A well deserving feature on a most important topic.

HOAs are a big deal out here and buyers haev to be careful. There is a clause in our contracts about HOAs documents and buyers have to sign off that they have read them abnd approved them as part of the contingency period. Each HOA is different and some are very restrictive, so buyers have to be caareful in reviewing the docs and be comfortable with the rules. The budget is also key, of course, so you know bills are being paid, there is a healthy reserve, and hopefully no litigation.

Great post!

Jeff

Apr 25, 2013 10:33 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Jeff, True, didn't even touch on the whole financial aspect, but if they don't run it well, everyone could suffer.  Increased fees not in the buyer's budget could be a problem, especially with condo associations.

Apr 25, 2013 11:17 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

It is great that your state provides for the seller to provide this information to the buyer.  Unfortunately, in New Hampshire, the statute says the buyer has the right to obtain certain documents, but does require the seller to provide them.  Often the management company won't release the information.  Some folks in the legislature who don't believe in consumer protection deleted the part that required the current owner to provide the information.

Apr 25, 2013 11:52 AM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

This is when an experienced buyer's agent comes in handy. I always write offers contingent upon the buyer approving the CC&Rs within 10 days of binding agreement. That way if there is something they just can't live with, they can get out of the contract with their earnest money. I've never had a buyer actually do this but they sure liked the option to do so.

Apr 25, 2013 01:06 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

BLiz - This is something I've discussed with many buyers.  I've had some who have asked me to read the HOAs for them.  I've explained I won't necessarily know what is important to them.

Apr 25, 2013 04:17 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Bill, Liz, a recent deal on my listing did not go through just because buyer's agent did not check the pet policy - and the buyers had pet! (And yes, this policy was disclosed in MLS!)

Apr 25, 2013 04:34 PM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Joan, Sellers are supposed to provide here, except the banks will stiff you on that requirement and make the buyer purchase their own copy.  Fortunately they're not as expensive here as some areas we've heard about.

Tammie, Comparable language here.  HOA review allows a "get out of contract free card".

Christine, Exactly!  Each buyer has their own set of priorities and needs to make their own decisions.

Praful, Amazes me the number of buyers (and agents) that don't read what is clearly spelled out in MLS.

Apr 25, 2013 08:14 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

More HOA rules are being changed for parking and "dangerous" pets because of insurance concerns...these are great items of interest for buyers

Apr 25, 2013 08:14 PM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Wallace, We've definitely heard of subdivisions with bans over dogs of certain breeds or over a certain weight limit.

Apr 25, 2013 08:26 PM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

HOO-ahhhhh to the HOA. Get the latest and greatest and quote the current keeps you out of hot water later.

Apr 26, 2013 03:11 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Andy, You bet!  Know the rules before the rules own you!

Apr 26, 2013 03:18 AM
Ridhi Raheja
Movement Mortgage (Illinois) - Naperville, IL
FHA, 203k, VA, Jumbo, PreApproval, Jumbo Home Loan

Excellent advice Bill and Liz. Buyers need a professional Realtor that will help them understand and clarify the HOA rules.

Apr 26, 2013 04:02 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Ridhi, We're here to help, but we have to be given the opportunity.  It's one of the things buyers may overlook when working on their own.

Apr 26, 2013 04:23 AM