HOA Declaration: Rules, Amendments, Disputes, Consequences

An HOA declaration is a document that includes important information for homeowners, such as the rules they are legally obligated to follow. In this document, you’ll find information pertaining to maintenance, fees, usage of the property, and more.

An HOA declaration is sometimes referred to as the Covenants, Conditions, and Restrictions (CC&Rs), which can be explained in the following ways:

• Covenants : these are agreements made between homeowners and HOA associations. Basically, homeowners agree not to break any rules laid out by the association.
• Conditions. This refers to all conditions related to the appearance, upkeep, and usage of the property.
• Restrictions. These are the activities and behaviors homeowners aren’t allowed to do. An example includes making their own landscape choices.

If you’re interested in buying a property in the HOA community, you’ll usually have access to the declaration document so that you can be aware of all rules and regulations before purchasing that home. This gives you a chance to ensure you agree to all of rules.

Read the rest of this article to learn more about HOA declarations and how they work.

What Does an HOA Declaration Contain?

The HOA declaration is a long, comprehensive document that includes a wide range of important information for homeowners. It’s so important that if other documents clash with the information it provides, the HOA declaration is considered supreme to all others. Here are some of its most important aspects.

• It clearly specifies the development land, differentiating between the common areas of the HOA association and areas that will be used by the homeowner and which are subject to the document's rules.

• It’s specific about the HOA association’s authority, and the rights and responsibilities of the homeowner. It’s essential that owners follow all regulations, rules, and restrictions that are found in this document.
• It states that the HOA has the authority to enforce all rules and has the right to pursue legal action against any homeowners who violate them.

• It explains all processes that will be followed by the HOA association so that it can enforce its rules, such as giving homeowners notice about any procedures to follow or actions they need to take.

• It includes information about changes owners are and aren’t allowed to make to their properties, down to details such as the color they can paint their houses.

• Payment obligations are outlined. The HOA declaration contains information about payments made to the HOA to maintain areas or do landscaping. There are penalties mentioned for nonpayment of owner dues, such as late payment or interest fees.

Can an HOA Declaration Be Amended?

By understanding the rules laid out in the HOA declaration, you’ll be able to seek amendments to them if required. For a rule in the HOA declaration to be changed, members will have to vote on it. However, for some regulations, board approval is usually all that’s required. The processes the association follows can vary.

What are Common Disputes Involving HOA Declarations?

There are various disputes that can arise from HOA declarations. Some of the most common include the following:

• Rule enforcement issues. Disagreements can occur if the HOA’s rules outlined in the declaration are vague or challenging to understand, or if homeowners aren’t following them in a consistent way.
• Property maintenance. The HOA outlines rules for maintaining the properties to a specific standard. Homeowners might not follow or agree with these rules.
• Inconsistency. If homeowners feel that the HOA’s rules aren’t being applied in a consistent manner, it can cause disputes.
• Unreasonable rules. In some cases, the rules decided by the HOA can feel unfair or illogical to homeowners.

What are Consequences of Not Following the HOA Declaration’s Rules?

If you fail to follow the rules and regulations laid out in your HOA declaration, you’ll be penalized. This can take the form of:

• Fines.
• Suspension for the use of common facilities.
• Forced compliance. In these cases, the association might make the changes to your property themselves, such as repairing an issue and then making you pay for it.
• Liens. It’s possible for the HOA to get a lien on your home, which will stay with your property. This lien could cause a foreclosure.
• Lawsuit. In extreme cases, the HOA could pursue legal action against you.

What are Common Legal Actions Against the HOA?

Homeowners will pursue legal action against the HOA for various reasons, such as:

• Architectural requests that are denied. Homeowners might feel that these are unreasonable.
• Discrimination.
• Not maintaining common areas. It might be the responsibility of the association to upkeep these areas, if outlined in the declaration.
• Challenging penalties. If a homeowner has been handed a fine or penalty for a rule violation, they might disagree with it and take the HOA to court as a result.
• Outdated restrictions.

How Can a Lawyer Help You with HOA Declaration Disputes?

If you’re a homeowner dealing with issues regarding the HOA declaration document, hiring a lawyer from ContractsCounsel, an online legal network connecting clients with vetted lawyers, can help you.

Your lawyer will assist you in the following ways:

• They’ll review the HOA declaration to ensure it’s clear and you can figure out what’s enforceable versus what’s not. They’ll also check the document to see if any parts of it clash with state laws.
• They’ll check that the HOA is operating in a legal manner, such as if they’re being selective about their rules (which isn’t lawful).
• They’ll assess if enforcement fines and other penalties are lawful and fair.
• They can negotiate with the HOA board on your behalf to find a resolution to the dispute or concern.
• If there are illegal liens, they can stop them.
• Should you have to go to mediation, arbitration, or court, your lawyer will represent you.

Do you need to hire a lawyer?

If you need to work with a lawyer who can help you navigate an HOA document dispute, you should contact a vetted, experienced lawyer on ContractsCounsel’s platform. Lawyers have helped countless clients deal with restrictions, violations, and other HOA issues. They’ll also be able to review your HOA declaration document for you.