Homeowners and board members must familiarize themselves with the HOA covenants that exist within their community. These covenants play a crucial role in every association, but navigating them can be challenging. While professional help is always welcome, it is essential to have a general understanding of what these covenants are and how they work.
What are HOA Covenants?
Homeowners associations operate under the authority of state laws and their governing documents. These governing documents include the HOA covenants, more formally known as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).
What are covenants in an HOA? Covenants or CC&Rs are a legal document that outlines the standards, restrictions, and guidelines that homeowners must adhere to within the community. They detail the rights and obligations of both the HOA and the members.
Are HOA Covenants Legally Binding?
Yes, covenants are legally binding in an HOA, provided they are lawful and enforceable. Homeowners agree to abide by these covenants when they first buy a home in the community. Purchasing a home automatically makes them a member of the HOA.
HOA Covenants vs Bylaws
Both covenants and bylaws are part of the governing documents of an HOA. That said, they serve different purposes. Homeowners association covenants and restrictions define the guidelines and rules that homeowners must follow. These covenants also contain the association’s obligations and the rights of members. Essentially, the covenants state what the HOA and the homeowners must and must not do.
In contrast, the HOA bylaws govern the association’s operations. The bylaws detail the responsibilities of the HOA board, how they must hold meetings, how elections should proceed, and the qualifications of board members, among other things. On the other hand, the CC&Rs cover various aspects, including maintenance responsibilities, enforcement guidelines, property-use restrictions, HOA fees, and dispute resolution.
The Importance of HOA Covenants and Restrictions
Homeowners associations are responsible for preserving property values. These associations accomplish this by maintaining curb appeal and enforcing covenants.
For example, an HOA may regulate how homeowners modify the exteriors of their homes, aiming to ensure uniformity and consistency in the neighborhood’s overall appearance. This can go a long way in maintaining high curb appeal and protecting property values.
Another common obligation outlined in the CC&Rs is the obligation to pay HOA fees. The association uses these fees to cover the cost of maintenance and other expenses, all to keep the community in good shape.
Common HOA Community Covenants
Covenants restrict the things homeowners can do with their property and the way they behave. While specific covenants can vary from one association to another, they commonly cover the following:
- Architectural Standards. Homeowners must usually get approval from the HOA before making any changes to their home’s exterior. This includes adding fences, painting, and even building extensions or additions.
- Home Maintenance Requirements. Most HOAs require homeowners to keep their property in good condition.
- Landscaping Rules. The association may require owners to mow their lawns and trim their trees on a regular basis. It is also common for HOAs to have an approved plant palette.
- Property Use Restrictions. These rules prohibit certain types of activities within homes, such as running a business or storing equipment in visible areas.
- Parking and Vehicle Rules. These rules often limit where residents can park, restrict street parking, and prohibit certain types of vehicles, such as recreational vehicles (RVs) or boats.
- Rental Restrictions. Some covenants limit or prohibit short-term rentals. They can also impose rental caps or require minimum lease durations.
- Pet Policies. Associations might restrict the number, type, and breed of pets, or require cleanup or leash rules. Some HOAs, particularly condominiums, prohibit pets altogether.
- Noise Restrictions. These rules aim to maintain quiet hours and control disturbances within the community, particularly at night.
- Holiday Decoration Rules. Associations commonly limit the type, size, and duration of seasonal decorations. Most also prohibit offensive or obscene decorations.
- Trash and Recycling Rules. Homeowners often need to use designated bins and follow collections schedules in their HOAs.
Enforcing HOA Covenants
In general, HOAs have the authority to enforce covenants, provided they exist within the governing documents and don’t interfere with the law. It is the responsibility of the HOA board to enforce these covenants, although larger communities may delegate this task to a separate committee. The board regularly inspects the community for violations or investigates complaints of violations from owners. From there, they can take the appropriate action.
Depending on the HOA, there are a few penalties that can follow a violation, including but not limited to:
- Fines. An HOA might charge a fine if a homeowner violates a rule. Fines can add up for each day the violation remains unresolved or for repeated offenses.
- Suspension of Privileges. Some HOAs may temporarily suspend a member’s privileges until the violation is corrected.
- Legal Action. In more extreme cases, an HOA might get a court order to compel an owner to remedy their violation.
Before an HOA can impose a penalty, many states and governing documents require written notice and a hearing, allowing the owner to present evidence. In North Carolina, for instance, Section 47F-3-107.1 details this requirement along with a notice of the decision.
Can You Change HOA Covenants?
Yes, covenants can be changed or amended. This process typically requires a vote from the membership, with the required number or percentage varying according to state laws and the governing documents themselves. After passing an amendment, the HOA must record it with the county as well.
How do I Find CC&Rs for my Property?
There are several ways to find the CC&Rs for a home. Homeowners typically have the following options:
Public Records. Associations must record their CC&Rs and any amendments with the county recorder’s office. Homeowners can view these records freely.- Upon Purchase. Homeowners usually receive a copy of the HOA covenants at closing as part of the disclosure documents. Buyers can also request that sellers or their agents provide this copy before they sign the contract.
- Board Request. Associations must make certain records, including the CC&Rs, available for examination and copying to members. Homeowners can file a request with their HOA board or manager.
- HOA Website. If an HOA has a website, homeowners can typically find the covenants posted there.
Do HOA Restrictive Covenants Expire?
Yes, many HOA covenants do expire after a certain duration of time has passed. This duration typically falls between 25 and 30 years. When the covenants expire, HOAs may revitalize them through a majority vote from the homeowners. This process reinstates the expired covenants and enforces them as if they hadn’t expired at all.
After expiry, an HOA may also choose not to restore the covenant. Board members will usually take this route if the covenant has become outdated and irrelevant. Upon expiration, the covenant is no longer enforceable.
The Final Word
HOA covenants are essential to the operation of a community, guiding both the association and its members. While they can seem complex, understanding them helps homeowners stay compliant and informed. Staying up-to-date with the covenants protects property values and promotes harmony in the neighborhood.
Cedar Management Group offers HOA management services, including violation enforcement, to communities. Call us today at (877) 252-3327 or email us at help@mycmg.com to get started!
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