{"id":4738,"date":"2016-06-27T16:34:54","date_gmt":"2016-06-27T23:34:54","guid":{"rendered":"https:\/\/www.rentecdirect.com\/blog\/?p=4738"},"modified":"2016-12-27T13:33:22","modified_gmt":"2016-12-27T21:33:22","slug":"hoa-guide","status":"publish","type":"post","link":"https:\/\/www.rentecdirect.com\/blog\/hoa-guide\/","title":{"rendered":"Renter\u2019s Guide to Understanding HOAs"},"content":{"rendered":"

\"homeownersIf you just moved into a rental property that belongs to an HOA you might be a little confused about your new responsibilities as an HOA renter. This guide will give you an overview of what HOAs do, how rules are enforced in the community, and what your landlord\u2019s duties are when you rent an HOA property.<\/p>\n

What is an HOA?<\/span><\/h2>\n

An HOA, or Homeowners Association, is a legal entity developed to manage and maintain the common areas of a community. As many as 60 million Americans<\/a> live in homes regulated by a homeowners’ association, as of 2012. \u00a0Most often, HOAs are established for housing developments of communities that include condominiums, single family homes or townhouses.<\/p>\n

Because multiple parties live in the same building or complex, all residents of condominiums and townhomes must be equally responsible for maintaining the common areas such as landscaping, elevators, swimming pools, clubhouses, parking garages, fitness rooms, sidewalks, security gates, roofing and building exteriors. Many of these types of common areas, such as pools and tennis courts, also exist in subdivisions of single family homes. Regardless of whether the HOA governs a building, such as a condo or townhome structure, or a neighborhood of individual houses, HOA fees help maintain the quality of life for the community’s residents and protect property values for all owners.<\/p>\n

These associations charge property owners fees or dues to maintain the common areas and landscaping. The property owner may, in turn, pass through those expenses to the renter either indirectly through increased rent or directly.<\/p>\n

What are CC&Rs?<\/h2>\n

In addition to maintaining common areas, HOAs also set out certain rules that all residents must follow called covenants, conditions and restrictions (CC&Rs). In a common building, rules may include what color front door you may have, whether you are allowed to line dry your laundry outside, whether you can have a satellite dish, the size and type of pets permitted, and so on. In many ways, these rules are similar to the types of rules established by a property manager of an apartment complex.<\/p>\n

What are HOA Bylaws?<\/h2>\n

HOAs are also governed by Bylaws that dictate how the HOA will be run and talks about voting processes, meetings, board member positions and other operating guidelines. Most likely, a renter will not be affected by the HOA\u2019s Bylaws.<\/p>\n

What are Rules and Regulations for HOAs?<\/h2>\n

Your community\u2019s Rules & Regulations are a catch\u2013all for the things that aren\u2019t covered in the Bylaws or CC&Rs. These are often the rules that might need revising over time due to changes in the community.<\/p>\n

The Rules and Regulations are most likely to be the documents you deal with the most in your day-to-day life. Included in them should be a list of precedents regarding menial things: where your trash bins should go, how many pets are allowed on the property, how tall your fence can be, etc.<\/p>\n

Rules Enforcement and Landlord Responsibilities<\/h2>\n

The HOA has the right to expect all residents, whether owner or renter, to play by the rules. But with renters, it’s up to the landlord to enforce the community\u2019s rules, not the HOA. An HOA may require that all rental agreements reference the documents that govern the HOA, including the CC&R and Rules and Regulations. <\/span><\/p>\n

Additionally, <\/span>Realty Times<\/span><\/a> explains that HOAs may require the following agreements and actions of homeowners who rent out their home:<\/span><\/p>\n