The extent to which they're regulated. HOA operations are governed by covenants, conditions, and restrictions (CC&Rs) and bylaws. The CC&Rs are attached to the deeds, while the bylaws address governance matters such as the makeup of the board and how elections are conducted. Most states also usually have laws that regulate community associations, although some default to corporate laws. Federal laws such as The Fair Housing Act and the Telecommunications Act of 1996 also come into play. None of these things are optional - once you sign on the dotted line, you've agreed to abide by them and there are consequences for not doing so. That most HOAs are corporations. They are not democracies or social clubs or charitable organizations. Nearly all decisions are made by an elected board of directors, with a very few specific decisions reserved to the homeowners. That homeowners are legal and financial partners. Someone once observed that buying a condo is like walking into a bar and becoming business partners with everybody in the joint. If this gives you pause, it may be time to reconsider and learn what you're getting into. That homeowners don't really understand what they're bought until they serve on the board. Being an effective board member is tough, requiring knowledge of the CC&RS/bylaws, finance, law, physical facilities and greenspace management, information management, people skills and a tough skin. Especially a tough skin. It's both rewarding and a thankless task - definitely an eye-opening experience. "... and I don't want to pay for it." Our country in a nutshell. You'd think that a longer-lived species would have more of a thought for the future.
If I was ever under the delusion that the universe was designed to make my life easier, these last few years have straightened me out. |
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