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THE NUTS & BOLTS OF AN HOA - WILL THEY DRIVE YOU NUTS?

By
Real Estate Agent with DFW FINE PROPERTIES 0506509

 

 

 

 

Buying into an HOA is a Life Style and a Buyers need to know all the nuts and bolts that go into an Association before they decide to buy by reading and understanding the Bylaws of the Owners Association. Becoming acquainted with the expectations of an HOA the hard way, usually means the owner is in violation. Penalties are enforceable. It’s important to understand that Adhering to the Rules & Regulations of an Association is a requirement; not a choice. The purpose of an Association is to maintain their integrity through governances, property values, amenities and maintenance for the Association, including the tangible and intangible aspects of that community. The Association collects property management fees and there are responsibilities for both the Association and the owners of the community. 

 

 

BYLAWS OF AN OWNERS ASSOCIATION 

 

The Bylaws contains Articles of the Association that are specific to the community. The information pertains to expectations of home ownership and prospective buyers need to know what the rules and guidelines are beforehand. Once the offer is accepted the buyer needs to read, review, and understand all the nuts and bolts of the Association. 

 

The rules and regulations are enforceable, adopted, and amended. Owners are given notices and distribution. There are obligations for the owners which may include notice of a sale, proof of ownership, and registration of mortgagees, special assessment fees, for sale or garage sale signs, types of vehicles, parking, pet and rental restrictions, landscaping and exterior maintenance.  

 

A Buyer who obtains Bylaws that are illegible, incomplete, outdated and hard to understand should proceed with caution. Inheritance of sloppy paperwork by self-managed associations run by volunteers can present problems. Information should be clear, concise and easy to understand. If there are any questions about the HOA or the Management Company, they need to be addressed early on and not at the closing table or after the closing. Buyers have a right to know everything about the Association in advance, for example, special assessment fees and what they mean, trash, parking, etc. Timelines for receiving documentation and receiving answers to questions are extremely important. The bottom line is, the condition of the property and all the pretty staging, décor, and nice things about the property and/or the community are not the only factors to consider when buying into an Association.  

 

FINANCIALS 

 

One of the biggest complaints and misunderstanding with Condominium buyers who want FHA-backed loans is certification. Buyers are now limited to purchasing in an Association that is not approved by the administration because it only lasts for two years before the paperwork has to be resubmitted and approved. For many Associations, the certification process is costly, time consuming and may not even be a viable option if the Association didn’t budget for it which causes delays in closings or possibly no closing. This causes major problems, misunderstandings, strains and stress for all parties engaged in the Real Estate transaction.

 

Review the Budget for the HOA - know where your money is going and is there sufficient money in the budget?

 

Does this community collect for education assessment at the time of closing based upon the sales price?

 

What impact does the Recertification fee have on the Seller and the Buyer?   

 

KNOW THE NUTS & BOLTS 

 

If rentals are allowed, is there a cap? If the fences, roof, siding and exterior all looks brand new, are there Special Assessment Fees that the prospective Buyers need to know, who is responsible for the fees, and can the new buyers afford them? If properties are in disrepair, could there be special assessments fees planned in the future? Are there pet restrictions, such as type, size, and nuisance issues that the buyer needs to know, such as barking? How often do the Board Members meet? Communication – what type of communication is provided to the property owners?  

 

Disclosers for the property conditions, home inspections, loan approval and appraisals are important. Equally important are the HOA Bylaws, Rules and Regulations. Buying a home with an HOA is a life style and choice. Knowing the nuts and bolts and expectations beforehand is something you need to know.

 

 

Posted by

Texas Law requires all license holders to provide the Information about Brokerage Services form to prospective clients.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CN%201-4-1.pdf

dfw fine properties

PATRICIA FEAGER, REALTOR®
DFW FINE PROPERTIES
3575 LONE STAR CIRCLE SUITE 315
FORT WORTH, TEXAS 76177

Email Me
                                  

                                     

MBA (University of Dallas)
BA
(Bachelors of Arts & Science)
Paralegal (Southeastern Career Institute)
Associates (3) (College of Lake County)
KU (University of Kansas)

CERTIFICATIONS

CRS (Certified Residential Specialist)
SRES (Certified Senior Residential Specialist)
PSA (Certified Pricing Strategies; Mastering the CMA)
CRS (Certified Military Relocation Specialist)
RENE (Real Estte Negotitions Expert)

"With self-discipline most anything is possible." --- Theodore Roosevelt 

 

 

 

  

Comments(77)

Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Edward & Celia,

I've noticed that homes in non-HOA areas that are relatively new are pretty good. It's when they start getting 10, 15 years or older that the neighborhood turns. Many cities will step in and slap violations on people's properties without an HOA in Flower Mound if the owners fence needs repair, lawn needs cutting, or trees need trimming. Plus here in my area, if an owner moves out and the neighbors start putting trash on their neighbor's vacant property, the Code Enforcers come out of the wood work! I've had to pay for tree branch cuttings and hire people to remove trash that the owner didn't even put there! It can be a nightmare for the REALTOR!

Jun 09, 2013 04:43 AM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Rob - Ditto! Investors have it rougher!

Gary - I'm delighted to see so many comments. This is a hot topic!

Aaron - That's an interesting observation! Plus many first time home buyers don't know what to expect, unless they take the time to read the Bylaws! Atlanta must have it under control - good for them!!!

 

Jun 09, 2013 04:46 AM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Hi Patricia, congratulations on a great post. I'm still reading the other comments, and can't believe Carla is being sued for not MOWING....unbelievable.

Jun 09, 2013 05:23 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Patricia, When listing a home in an HOA, it is best to be familiar with the rules and regulations and pass the information on too buyers if you are representing them for sure! One agent sold a condo to a woman with a dog and assured her the HOA accepted pets...she ended up buying the cond back plus paying damages in the end because the HOA had banned all pets. She had an older copy of the CCR's...yikes!

Jun 09, 2013 05:30 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

p.s. Congrats on your gold star! Very well-written and informative post!

Jun 09, 2013 05:32 AM
Ronald DiLalla
Century 21 Discovery DRE 01813824 - Anaheim, CA
No. Orange Cty Real Estate

Hi Patricia,  unfortunatley, it seems they always find out the hard way...VIOLATIONS...

Jun 09, 2013 05:32 AM
Charles Stallions Property Manager
Charles Stallions Real Estate Services - Pace, FL
Pensacola, Pace & Gulf Breeze Property Management

Any association that is over 5 years old has broken one if not every one of it's rules, I love there letters and have consulted with many attorneys who couldn't figure out how to beat them but it is really simple. I gave up cross word puzzles because they were no long challenging and started debunking HOA's.

Jun 09, 2013 06:06 AM
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth

Patricia, excellent post. The devil is in the details with the rules that a new owner needs to comply with for each particular HOA. In Texas so many buyers scream and say PLEASE find me a place without one. I think the nit pickyness of the boards is driving people crazy and offsetting all the good HOA's do.

Jun 09, 2013 06:28 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Hoa's are on the top of my list of property defects that will keep me from buying a home.  I am not sure why anyone would want to add another layer of government into their lives.

Jun 09, 2013 07:42 AM
Rob Thomas
Prestige Homes of The Tri Cities, Inc. CALL....423-341-6954 - Bristol, TN
Bristol TN-VA & Tri Cities Agent, ABR, GRI, e-Pro

Patricia ....This is one of your best Features yet! Some of the HOA"S will definitely drive you crazy ....others do a great job protecting everyone.

Have a great night!

Jun 09, 2013 07:49 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Patricia, this is a topic that is often overlooked or not questioned enough.  I recently spoke with a home owner who recently bought into a subdivision not know that the builder was still in charge of the HOA and planned to build a recreation facility that was going to cost the new owner over $20K...that buyer also decided to trust the builder and not use an agent!

Jun 09, 2013 08:35 AM
Dee Toohey
Innovative Realty Solutions Group - Longwood, FL
Broker, ABR, AHWD, CIPS, FMS, ePro

There are good and not so good HOAs.  One in Pennsylvania doesn't allow multicolored Christmas lights.  You can only use white not twinkling Christmas lights.  Some don't allow the flying of the American Flag.  One would not allow an addition to be added on the other side of the house from the garage that would be built to look like the garage in the front (the existing garage has a rear entrance.  That area has no paint scheme rules so the owner painted hour house white with read polka dots! 

I live in a community with no HOA!

Jun 09, 2013 08:40 AM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Patricia, 

It's a critical element to understand, if the property is in an HOA and then, if so, what are the rules.  The rental rule is a huge one, as with an economic downtown many folks found themselves facing foreclosure if they couldn't rent and the sale just wouldn't cover their owed mortgage balance.

There are many factors to consider and this certainly should be taken into buyer's consideration before offering and certainly before the end of the due diligence period.

All the best, Michelle

Jun 09, 2013 09:17 AM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

Wow, Patricia.  I have had a run in with my HOA and they came to my house.  They said there was a problem with my house that was not there.  When they came to my house I told them I would eat the problem if they found it.  They did not.

Since then they have left me alone!  But still, sometimes too much is too much!

Jun 09, 2013 09:27 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Patricia- congratulations on a very feature worthy post.  I consulted on a small older condo in this area that looked like it would be a good prospect for someone wanting to buy a possible rental.  Thank goodness the agent knew her stuff!  As I understand it, rentals were not allowed except for 1 week every two years. 

Jun 09, 2013 11:36 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Patricia -- condo life can be just the cup of tea a buyer is looking for.  However, it is important for one to check on all those things you mention in your post.  The financial health of the association is very important.  I always request the last 2 annual member and board of director's meetings. You can learn a lot about the good, bad and ugly of the association.

Jun 09, 2013 12:10 PM
MichelleCherie Carr Crowe .Just Call. 408-252-8900
Get Results Team...Just Call (408) 252-8900! . DRE #00901962 . Licensed to Sell since 1985 . Altas Realty - San Jose, CA
Family Helping Families Buy & Sell Homes 40+ Years

There are so many details to consider when purchasing a property with a HAO.

Jun 09, 2013 12:23 PM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

Wow! No wonder so many folks come to the country asking for homes that are not in a HOA. We have them, but they are not insane. I have to say that ours are pretty easy to get along with. They will send you several "letters" before hiring someone to mow your lawn, and billing you.

Jun 09, 2013 01:01 PM
Gayle Rich-Boxman Fishhawk Lake Real Estate
John L Scott Market Center - Birkenfeld, OR
"Your Local Expert!" 503-739-3843

Patricia, first of all, I'm bookmarking this to share with potential clients if I am able. I wanted to re-blog this, but don't see a re-blog button. Being part of an HOA community can be terrific or harrowing. It seems that it brings strong feelings out in many. I have had more stories shared with me from ex-board members of an HOA in some other community and there is certainly a lot of eye-rolling that goes on! The first thing I tell my clients about it: "We are not the Gestapo!"

That usually sets their minds at ease.

Let me know if I may re-blog this, please! Congrats on the feature.

 

 

Jun 09, 2013 09:40 PM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Approving the CC&Rs when purchasing a condo is contingency for moving forward.  It is so important that a buyer understands what they are getting into.  Great post, Patricia.

Jun 10, 2013 03:59 AM