HOA Rules

Home Owners Association rules are created for the best interest of the community and vary from HOA to HOA. Failure to follow these rules can result in serious fines or legal action, so it is not to be taken lightly.

Before you plan to purchase a house in an HOA community, be sure to read through the rules and guidelines (CC&R) thoroughly. If you have an opportunity, have a chat with the neighbors regarding their experience living in the development abiding by these rules. Although some of the rules are pretty standard, different HOAs will have their own set of unique guidelines pertaining to their community and their specific common areas and "personality."

If you have never lived in an HOA community before, you might find that some of the policies are rather restricting, or even bizarre, (I remember reading through mine the first time and seeing that the HOA specifically restricted swine from residing in the homes... which made me think that at some point, someone HAD to have had a pig in the neighborhood that had caused a bit of a ruckus!)

The usual HOA guidelines include what kind of maintenance to the common will be done including the landscapes, swimming pools and play areas, and the courts or courses if they apply.

Garbage removal may be included in the HOA fees, or may not, but there will likely be a policy about keeping your trash cans out for a limited amount of time, and where they can be stored. (Garbage tends to be a big deal with neighbors). You may also be restricted to where you can park and for how long, and how late an loudly you can party outside the house.

Most of the common place regulations involve general discipline in the daily activities like throwing out garbage, mowing the lawn, keeping the premises clean, and maintaining low noise level so that one will not get the feel of living in a college apartment. This is for the general happiness and well-being of all, despite the occasional inconvenience to the individual.

Attendance at the regular HOA meetings, will give you a feel for not only why the rules are in place, but also for how to change rules too. HOAs will welcome participation from the residents and on the committees and if there is a policy you are not happy with, as a member of the community, you have the opportunity to try to get it changed!

If you have any questions about the HOAs in the Charlotte area, please give us a call at 888.600.5044.

Kuester Property Management
HOA Community Management

Why Live in an HOA Community?

I have heard it before... "Why would I want to live in an HOA Community?"

Well, here is the truth... it is not for everyone! Some people like the freedom of not having to abide by a set of rules governed by a neighborhood board -- and there is nothing wrong with that. But for others, an HOA offers security, value, organization, and support that they do want and need.

Ultimately, the purpose of a Homeowners Association is to protect the value of homes and neighborhoods within a development. This is done by maintaining common areas and holding the residents accountable for following the rules of the Association. The Association has the right to enforce maintenance and design standards like the color houses are painted and where vehicles can be parked. The point of these rules is to keep people from doing things like park cars on blocks in their front yards, or paint their front doors in polka-dots... or keep a pen of pigs in the side yard... or decide to put in a moat! Some people find this restricting, and others feel secure that a set of policies are always followed the same way by everyone!

If you are considering a home in an HOA community, you should read through the policies and ask your questions upfront so there won't be any surprises later on. But most people do find that a community with an HOA will offer more amenities and structure -- and that can be a very good thing!

HOA Community Manager
Charlotte, NC

Why Join an HOA?

More and more home buyers in the Carolinas are choosing to live in HOA communities. Why? Well, first of all, more new homes are being built in neighborhoods -- and neighborhoods generally have a builder who sets up the HOA as the homes are being completed. It makes sense that houses and families in close proximity would need to have a set of rules to follow for the overall happiness and continuity.

..And that is generally the point. People who live in the close proximity of neighborhoods like to have a set of rules that they know that their neighbors are following. Not everyone would be keen on their neighbors building a shed in there front yard. Not everyone would appreciate the artistic flair of painting a home in giant polka-dots. HOAs set the ground rules and policies that the everyone has to follow.

HOAs provide the structure through the CC&Rs -- and when you are looking to buy a home, it is your responsibility to know what the Covenants, Conditions and Restrictions are --and if they are something that you wish to live within.

For so many the answer has been "yes" because this kind of "rule of law" helps us all be good neighbors, and give us recourse when someone is not.

Charlotte Property Manager.

Green Ideas Your HOA Will Love

Your HOA may not like it if you put a compost pile in your front yard, or let your lawn go "au natural," but there are some things that you can do to be energy efficient and environmentally friendly that won't get you a fine from the HOA!


You can:

Buy Energy Star appliances - these are not the end-all and be-all of the environmental movement, but they are a good start.

Plant HOA approved trees and plants - Planting trees will help replace oxygen and remove CO2. The more you can plant, the better your gift back to the environment.

Use Low Volitile Organic Compound Paints (VOC) - VOC paints are non-toxic and will not pollute your indoor air.

Use LEED-Certified Building Materials - LEED Certifications come in different levels, but it all comes down to how environmentally responsible the materials are. If you are building a home, or addition, think about using a LEED certified builder and LEED certified materials.

Use Mult-Zone HVACs - Buy an HVAC system that is designed to distribute air to different parts of your home and pre-programmed times to keep the parts of the homes at different temperatures depending on usage. The initial cost will be more, but the savings can more than make up for it... and it is better for the environment!

Replace incandescent lights with compact fluorescent or LED bulbs - The bulbs are becoming the norm, but you can still buy the old kind... When given the choice, take the greener compact or LED route.

Make sure that recycling bins are put in common areas with the garbage - By simply giving neighbors the option to recycle, most will!

Start a Green Committee - Join forces with your neighbors to help educate each other on green-options, innovative ways to be environmentally conscious and provide assistance to the HOA in making better decisions.

Before You Join an HOA Community

A Homeowner Association (HOA) is a legal entity created to manage and maintain the common areas of a community. Generally these"common areas" consist of things like pools, clubhouses, landscaping, parks, streets and roads, but a HOA also governs the CC&Rs, the Declaration of Covenants, Conditions & Restrictions, or set of rules that are typically set up by the developer and updated/changed by the Board of Directors. The CC&Rs are what determines if it is ok for you to leave your garbage can out for more than a day or if you are allowed to leave a car up on blocks in your front yard, or if your neighbors will have recourse if you choose to paint your shutters purple when theirs (and the rest of the neighborhood's) are black.

The HOA will enforce these CC&Rs in the way that is approved by the Board of Directors, often with the assistance of a property management company. These polices are developed to protect the neighborhood, the value of the homes and the quality of life for the residents. However, these policies can be changed if the majority of the voting neighbors would like them to be. So before you buy a home in an HOA, here are some things to consider:


1) You should thoroughly read and examine the CC&Rs that govern the community and make sure you can live with and abide by them. If the regulations state that you cannot have goats on your property, and you are a goat owner... this may be a sticky point! But if you think that 24 hours is plenty of time to leave out your recycling bin and you feel that is a fine policy and want your neighbors to abide by the same....an HOA may be perfect for you.

2) You are perfectly reasonable to ask for a copy of the financial statements of the HOA and have a person such as a lawyer or accountant examine them to make sure there is nothing irregular. Checking to see if the HOA runs its business in a responsible manner will help you determine if the neighborhood will have enough cash on hand to make upgrades and repairs to roads or other common areas such as the pool.

3) Find out what the monthly dues are and make sure you can afford them. Dues can be reasonable... or not depending on where you live, what the HOA does and your tolerance for the price-tag. But not paying them could put you in some serious hot water and potentially get you sued.

4) Find out if the HOA has a strategy for replacing of major items such as heating, cooling, roads, buildings and roofs and how the reserve requirements are funded. (i.e. has money been saved, or would the neighbors each be required to pay an additional amount should the basketball court need to be re-surfaced.)

5) Find out if there is any litigation pending against the HOA. This could be a red flag in a couple of different ways, and certainly something you should know before you sign your contract.

6) Ask about when the last time dues were raised, and how often this happens. For obvious reasons you want to know how much you may be expected to fork over!

An HOA community may be a great fit for you and your family and more an more Carolinians are making this choice. But be educated before entering into any contract, especially one concerning where you live and what you can do with your property.

Property Manager
Kuester Property Management

Going Green and Your HOA

Many people throughout the Carolinas are making an effort to incorporate "Green" ideas into their daily living. Yet, for those of us who live in neighborhoods with Home Owner's Associations, being "green" can sometimes cause problems!

Energy-saving ideas such as using clotheslines, solar panels, and replacing our grass lawns with rocks and drought resistant plants are generally frowned upon in most of the covenants used by local HOAs.

So what is an environmentally-conscientious homeowner to do? The short answer is to be familiar with all of the rules and regulations that your HOA has. Know that many of these rules are standard and handed down by the builder when the neighborhood was built. Many of these are very old ways of thinking and your Home Owner's Association has the power to change these with community support.

If there is a neighborhood policy that you think is worthy of change, you are probably not the only one. The Association is made up of your neighbors and could include YOU. So get involved, rally the other "green" folks and think about what you can do to be good homeowners and environmentalists.

Ultimately, HOAs exist to protect the rights and property values of the members of the neighborhood. If you can present an argument that is accepted by the majority of the voting neighbors, you can get a covenant changed.

HOA Rules and Regulations

Rules are meant to protect people and property, and HOA rules are the same way. While some people may be offended by the notion that they have to request permission to build a swing set, or put up a fence in their own back yard, there is always a good reason--or at least a good intention when an HOA set the rule.

If you do not want to live in a community that has restrictions on the size of shed you can put up, or how long your grass can get in between mowings, than perhaps living in an HOA community is not for you. But if you see the value in a neighborhood which abides by the same guidelines in order to protect the property values and the residents, then an HOA-neighborhood may be a great fit

If you are new to living in a homeowner's association regulated area and do not read the CCRs, it may be a bit of a shock to you the first time you are given a warning letter about a minor violation such as leaving your garbage can outside for several days after garbage day. But rest assured the committee member who noted the violation and the property management company that sent the letter to you are not "out to get you." No one likes to be the bearer of bad news--and if the issue is minor and a first-time problem, they will likely wave any fee if you take care of the issue quickly.

It is an adjustment if you have never had to follow the policies of an HOA, but in the end they rules are meant for you. After all, if there weren't a rule about keeping a rusted-out car in one's front yard, there would be little recourse for you if your next-door neighbor were to choose a '79 Buick as a lawn decoration!

Also, you should remember, if you feel that a policy of the HOA, or neighborhood covenant is unfair or ill conceived, you have the ability to have it put up for a vote if you are an active committee member. The HOA is there for you -- so participate and enjoy the benefits of having a community interested in protecting you, your family, and your home.