Home Owner's Association Rules and Rights

Home Owner's Association Rules and Rights

Every homeowner's association (HOA) has its set of rules and regulations, known as its "Declaration of Covenants, Conditions and Restrictions" (CC&Rs). As a member homeowner, living in such a community mandates that you abide by association's rules. In recent years, rules and regulations set by many homeowners association have come under sharp criticism. While some homeowners feel homeowner associations help preserve quality of life in a community, others find them restricting and intrusive.

Your Rights as a Homeowner

As a homeowner, you have the right of exclusive use of your property, within the rules and restrictions of your homeowners' association's CC&R. You have the right to live in your home free of any conditions that could impede your comfort, health or peace. You have the right to maximum privacy, and the association can only enter your home for maintenance, repairs or replacement of a common element. You have the right to the use of common facilities in accordance with the HOA's CR&R; to receive all services due on an equal basis; to have common elements maintained, replaced, repaired and kept clean according to the CC&R; and the right to full security and protection from hazards and criminal acts.

Your Right as a Homeowners' Association Member

You have the right to a HOA that is organized and has a proper governing structure that is fair. The HOA must have an established board of directors of a specified number and qualifications. The HOA must be managed in according with its governing rules and documents, which must be enforced diligently, consistently and equally. The HOA must have formal and approved methods of enforcement of its rules. The HOA must have regularly scheduled meetings with the proper notification, agenda, minutes and attendance by homeowners.

In addition, the board of directors of your HOA must fully and properly perform its duties. Each board member must actively perform his or her duties and not just sit and observe. Each board member must ensure that homeowners' right are protected and take prompt action if any homeowner rights are violated.

You have the right to participate in HOA affairs as specified in the CR&R. You also have the right to vote in any election or on any issue presented to the homeowner's association membership provided you have paid all dues, assessments and any other charges.

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