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We have never lived in a community where there are Hoa rules and fees. Can some of you out there give me the pros and cons about the communities you live in and their HOA rules etc We are looking at buying in the San Tan Valley area.
You are going to get opinions all over the map here, just so you know. Fees vary widely, often due to the amount of community facilities that need upkeep, etc. HOA rules (CC & R's) vary a lot as well. Some HOA boards are very aggressive, some to the point of extreme nitpicking, about enforcing the rules, others are much more passive. I would talk to the neighbors in the specific subdivisions you are looking at, as well.
We have never lived in a community where there are Hoa rules and fees. Can some of you out there give me the pros and cons about the communities you live in and their HOA rules etc We are looking at buying in the San Tan Valley area.
You'll really get the best info from your neighbors - The lowest fees I've seen are about $20/month - I've also seen them top $100 per month. Definitely read the cc&r's attached to the property deed -
You'll likely have 20 pages of rules, some of which are liable to be really invasive. The cc&r's for my neighborhood prohibited changing or maintaining the landscaping of my own property without written permission from the board - They also prohibited leaving your garage door open for any longer than it takes to remove a vehicle...
The rules could be used to hassle residents endlessly - and some property-management companies have taken over enforcement from the HOA, and penned agreements that allow the management company to keep any fines for themselves - a pretty blatant conflict of interest in my book.
I have a strong personal dislike of hoa's due to a really bad experience, but I've lived in neighborhoods that had hoa's & you would never know it.
You can go online to the HOA website, and most now have the CC&R's on them that you can download to read. You'll find most of these documents are carbon copies of another HOA.
Some do have restrictions that are specific to that community.
They all will have color palettes that you'll need to use if you paint the outside, and you'll have to get the project approved by the architectural committee prior to beginning work. That's an easy task.
Most will have restrictions on the type of trees, plants, amount of grass, etc so any change of plants, or trees in the landscape will have to be approved.
Some do not allow desert landscape (Val Vista Lakes is one.) The lush green theme does not allow desert landscape in front yards.
Most of the HOA's are very well run. They are run by your neighbors who are willing to volunteer their time to work for the community for free, and they are bound by the ByLaws to enforce the CC&R's.
Anytime one believes the HOA is not being run properly, then they have the ability to study the CC&R's and the Rules and Regulations, and attend all board meetings and provide their input. They can also volunteer for committees, and run for the board in order to help make change for the better.
You'll find that most people in an HOA who complain are the ones who will never volunteer be on any committees or the board.
You'll find that most people in an HOA who complain are the ones who will never volunteer be on any committees or the board.
Captain Bill, I heartily disagree with that statement. It is simply not true. I rent in a condominium complex with an HOA that is and has been for quite some time extremely toxic. There are owners here who would absolutely LOVE to volunteer and be on committees and the Board, but it's tightly sewn up by factions and interest groups. They have no power, and attorneys are expensive. They have investments that are already down the drain, and the HOA where I live is making it even worse. I suspect grooming for a corporate buyout/razing/resort development.
After this experience I would NEVER NEVER NEVER buy into an HOA. Maybe 30 years ago, but never now. And not ever in the future.
Captain Bill, I heartily disagree with that statement. It is simply not true. I rent in a condominium complex with an HOA that is and has been for quite some time extremely toxic. There are owners here who would absolutely LOVE to volunteer and be on committees and the Board, but it's tightly sewn up by factions and interest groups. They have no power, and attorneys are expensive. They have investments that are already down the drain, and the HOA where I live is making it even worse. I suspect grooming for a corporate buyout/razing/resort development.
After this experience I would NEVER NEVER NEVER buy into an HOA. Maybe 30 years ago, but never now. And not ever in the future.
Rose, I served on our Val Vista Lakes master HOA board for one year, and have been serving on our sub community Lakeside at Val Vista Lakes board of directors for 4 years, and I can tell you with absolute certainty that the people who have come to our board meeting complaining do not volunteer for anything.
We do not have many complaints because our board is well run. But we have had a few, and the first thing we ask them is if they will volunteer to be on a committee and the answer is usually "I work and don't have the time" (as if the rest of us don't) Another answer is "I'm retired and don't intend to do any more work")
The members of an HOA board are voted on by the membership. If you want to be on the board, all you have to do is to go and talk to the homeowners and campaign. Put out flyers that tell your experience, your knowledge of HOA laws, and what you will do to help make the community better.
You will probably get elected.
Oops, I just noticed that you are a renter, so you cannot be involved in the board. What you're hearing is hearsay.
You're hearing people complain about it being tied up because they don't want to get involved. All they want to do is complain. It's easier to complain than to get in and do the work.
If they wanted to get involved, then they would do what I said above. The community elects the members of the board of directors. Those who campaign and show that they are capable and will work for the community will get voted in.
would not agree with the claim that "most HOAs are very well run". That is industry hype and not supported by evidence. Instead of industry slogans, try independent sources, surveys, and your own searches (e.g., Google, Bing, etc.). See also HOA Problems, Complaints | Homeowners Association Problems
Last edited by IC_deLight; 02-03-2011 at 10:30 PM..
Fees can change at the whim of the board, they can add fines, transfer fees or anything they want on a board vote...HOAs have all of the power...
What the board can or can't do is stipulated in the governing documents, they can't do "anything they want". Hopefully most HOAs are made up of responsible elected board members that will act in the communities best interest. I'm very happy with my HOA and the board members don't do anything on a "whim". I recognize that not all HOAs are run well, but homeowners need to take responsibility for making changes as needed.
Fees can change at the whim of the board, they can add fines, transfer fees or anything they want on a board vote...HOAs have all of the power
Below are excepts from the Arizona Revised Statutes:
Quote:
ARS 33-1806. The association may charge the member a reasonable fee to compensate the association for the costs incurred in the preparation of a statement furnished by the association pursuant to this section. The association shall make available to any interested party the amount of any fee established from time to time by the association.
If one believes the fee to be unreasonable they can file a complaint with the Administrative Law Judge.
Quote:
33-1803. Penalties; notice to member of violation A. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment that is more than twenty per cent greater than the immediately preceding fiscal year's assessment without the approval of the majority of the members of the association. Unless reserved to the members of the association, the board of directors may impose reasonable charges for the late payment of assessments.
The Val Vista Lakes CC&R's limit of dues increase to a maximum of the previous years CPI. We are on the second year of no dues increases, and our dues are only $88/month which includes the use of the resort like clubhouse with tennis courts, banquet rooms, swimming pools, weight room, cardio room, racquet ball courts, and more; plus activities for residents of all ages.
My sub association of Lakeside at Val Vista Lakes is limited to a 10% dues increase per year. We are on our 4th year of no increase, and hope to not have to raise them next year; and still maintain the high level of maintenance service we have.
Quote:
33-1803 B. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association. Notwithstanding any provision in the community documents, the board of directors shall not impose a charge for a late payment of a penalty that exceeds the greater of fifteen dollars or ten per cent of the amount of the unpaid penalty.
What is reasonable is what would be interpreted by a judge if one files a lawsuit against the HOA.
Quote:
33-1803 C. A member who receives a written notice that the condition of the property owned by the member is in violation of the community documents without regard to whether a monetary penalty is imposed by the notice may provide the association with a written response by sending the response by certified mail within ten business days after the date of the notice. The response shall be sent to the address contained in the notice or in the recorded notice prescribed by section 33-1807, subsection J. D. Within ten business days after receipt of the certified mail containing the response from the member, the association shall respond to the member with a written explanation regarding the notice that shall provide at least the following information unless previously provided in the notice of violation: 1. The provision of the community documents that has allegedly been violated. 2. The date of the violation or the date the violation was observed. 3. The first and last name of the person or persons who observed the violation. 4. The process the member must follow to contest the notice. E. Unless the information required in subsection D, paragraph 4 of this section is provided in the notice of violation, the association shall not proceed with any action to enforce the community documents, including the collection of attorney fees, before or during the time prescribed by subsection D of this section regarding the exchange of information between the association and the member. At any time before or after completion of the exchange of information pursuant to this section, the member may petition for a hearing pursuant to section 41-2198.01 if the dispute is within the jurisdiction of the department of fire, building and life safety as prescribed in section 41-2198.01, subsection B.
As you see, the state statutes govern all of this. The BOD sets the amount of the fines, and the procedure in the law must be followed; and the fines must be reasonable.
What is not understood by those who don't volunteer their time to be involved with their community is that the HOA does not want to collect fines. It costs money to send out the the letters, and the fines don't always cover the administrative costs.
The purpose of the fines is to have consequences for those few who think the rules are not for them, and continue to violate them.
Anyone who lives in an HOA community should understand that "YOU ARE THE HOA". The HOA is made up of every homeowner in the community. You, along with your neighbors elect the board of directors from the neighbors in your community who care enough to volunteer.
If the volunteers who are running the board, are doing a bad job, and if you don't do something about it, like going to the meetings and offering input, or running for the board yourself, instead of just complaining, then you are part of the problem.
When I say you, I am not referring to any one person here. I'm referring to any members of an HOA who only complain, and don't get involved.
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