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Q&A: HOA Governing Documents

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One question we often receive is about who is responsible for providing the HOA governing documents to new homeowners. The answer is that the seller or seller’s agent should provide the documents to the new homeowner. However, it’s important to note that even if the new homeowner did not receive these documents, that does not relieve the homeowner of the obligation to adhere to them.

Homeowners who belong to a homeowner association (HOA) must be aware of the governing documents that guide the operation of the association. While they may be called slightly different terms depending on the Association, these documents generally include the declaration of covenants, conditions, and restrictions (CC&Rs), the bylaws, and the rules and regulations. Homeowners should read these documents carefully and ensure they understand them. Here are some reasons why it is important for homeowners to read their HOA governing documents:

  1. Compliance with rules: The CC&Rs, bylaws, and rules and regulations govern how the association is managed, how decisions are made, and what residents can and cannot do. By reading and understanding these documents, homeowners can ensure that they comply with the rules and avoid any penalties or fines for violations.
  2. Understanding financial obligations: The governing documents outline the financial obligations of homeowners, such as assessments, fees, and charges. By understanding these obligations, homeowners can ensure they are paying the correct amount and avoid any financial penalties.
  3. Participation in decision-making: The governing documents outline the procedures for decision-making within the association. By understanding these procedures, homeowners can participate in the decision-making process and have a say in how the association is run.
  4. Protecting property values: The CC&Rs often include provisions that protect property values, such as restrictions on the use of the property and architectural guidelines. By adhering to these provisions, homeowners can help maintain property values within the community.

If a homeowner did not receive the governing documents, it is typically the seller’s responsibility to provide them. However, the homeowner still has an obligation to comply with the rules stated in the documents, regardless of whether or not they were provided prior to the sale. It is assumed that every homeowner has obtained, read, and understood the contents of these documents. If the homeowner needs a copy of the documents, they can usually request one from the seller or the seller’s agent. Alternatively, they can often obtain a copy from management for a reasonable fee or download them from the HOA’s website.

Reading and understanding the HOA governing documents is crucial for homeowners to ensure compliance with the rules, understand financial obligations, participate in decision-making, and protect property values within the community.

If you’re a homeowner or a new board member who has questions or concerns about the governing documents for your HOA, you’re not alone. These documents can be complex and difficult to navigate, and it’s not uncommon to need some guidance.

At SKSP, we understand how important it is to have a clear understanding of your HOA’s governing documents. Whether you need help interpreting a specific rule or want more information about the decision-making process within your HOA, we’re here to help. Our team of professionals can provide you with the guidance and support you need to navigate the complexities of your HOA.

If you have questions or concerns about your HOA, don’t hesitate to reach out to us. We’re here to help you make sense of it all and ensure that you’re able to enjoy your home within the guidelines of your community.

SKSP Insight: Deferred Maintenance in HOAs

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While some repairs can be put off for a short period, essential repairs that affect safety or the structural integrity of a building should never be deferred. Delaying maintenance can lead to higher costs, reduced property values, and increased liability risks. By implementing a comprehensive maintenance plan, HOAs can reduce the likelihood of deferred maintenance and associated costs.

As inflation continues to drive up costs for HOAs, it’s becoming more important than ever to find ways to reduce expenses without sacrificing essential services. While it may be tempting to defer maintenance projects to save money, it’s important to prioritize maintenance needs to prevent more costly repairs down the line. Focus on preventative maintenance to keep your property in good condition and avoid costly emergency repairs.

Deferred maintenance is the practice of postponing necessary repairs or maintenance to a later date, usually due to budgetary constraints. While it may seem like a cost-saving measure in the short term, deferring maintenance can actually lead to higher costs and more extensive repairs down the line. In this article, we’ll explore what can be put off, what can’t, the costs of delay, and more.

What can be put off?

While it’s generally not advisable to defer maintenance, there are some repairs that can be put off for a short period without causing significant damage or safety concerns. For example, cosmetic repairs like painting or replacing carpets can often wait a bit longer than essential repairs like fixing a leaking roof or repairing a damaged foundation.

What can’t be put off?

Essential repairs that affect safety or the structural integrity of a building should never be deferred. These repairs include things like fixing a leaking roof, repairing a damaged foundation, or upgrading electrical systems to meet safety codes. Delaying these repairs can lead to more extensive damage, safety hazards, and potentially costly legal liabilities.

The costs of delay

Deferring maintenance can lead to higher costs down the line. For example, a small leak in a roof that’s left unaddressed can lead to water damage, mold growth, and eventually, a complete roof replacement. Similarly, delaying foundation repairs can cause structural damage that requires more extensive and costly repairs.

In addition to the increased costs of repairs, deferred maintenance can also lead to reduced property values, tenant dissatisfaction, and increased liability risks. It’s also worth noting that many insurance policies require regular maintenance and repairs to be performed, and failing to do so can lead to denied claims or increased premiums.

The importance of a maintenance plan

To avoid the pitfalls of deferred maintenance, it’s important to have a comprehensive maintenance plan in place. A maintenance plan should include regular inspections and preventative maintenance to identify potential issues before they become more significant problems. The plan should also prioritize essential repairs and allocate resources accordingly.

By following a maintenance plan, HOAs can reduce the likelihood of deferred maintenance and associated costs, protect property values and tenant satisfaction, and mitigate liability risks.