10 Homeowners Association Problems, California
Living in a community with a homeowner association has its benefits, but those benefits aren’t without their drawbacks. Here are the 10 most common homeowners association problems, California, that you might encounter.
Homeowners Association Problems You Might Encounter
Living in a community guided by a homeowners association (HOA) can be incredibly beneficial.
It gives you instant access to amenities and group activities you simply won’t find in other areas. That said, a lot of people who live in a community with an HOA complain about aggressive homeowners association rules and often express interest in learning how to get rid of a homeowners association.
While problems with neighbors can happen, the majority of HOA complaints stem from power-tripping board members creating arbitrary rules to serve their own needs. These are some of the most common gripes heard about HOAs on a regular basis.
1. Lack of Communication
It’s important for HOA board members to be active. It’s pretty common to hear stories about boards that seem to fall inactive, letting disputes go unsettled. This also means there isn’t clear communication about finances, maintenance, new rules, or other community expectations.
2. Common Area Maintenance
It doesn’t matter if you live in a condominium or in a planned community; the homeowners association is responsible for the upkeep and maintenance in common areas. This includes tasks like mowing park lawns, landscaping (for safety and beauty), ensuring shared gyms or recreation zones are in good repair, and even, in some cases, removing snow or debris after a storm.
If this isn’t happening, you have options. You’ll need to approach the HOA to express your concerns and find out why they aren’t completing regular maintenance before you can take further action.
3. Board Restrictions
In many cases, the elected members of the HOA board will make decisions the homeowners don’t agree with. This is most often a problem when they want to bring in a new service, ultimately costing HOA members additional money. Homeowners sometimes file disputes when they are upset at the board’s regular capital expenditures.
4. Resident Favoritism
Odds are you’ve seen at least one clique form in your lifetime. Homeowners association problems involving favoritism are a glaring example of how this behavior carries into adulthood. Sometimes, board members turn a blind eye when their close neighbors and friends break rules only to come down harder on others. It’s important to hold your board accountable so that rules are applied to everyone fairly.
5. Parking Problems
While speeding and other traffic violations are often handled by either local police or California State Police, the HOA can also step in. Your homeowners’ association bylaws may give the board the right to issues fines for safety violations under your agreement. These bylaws may also contain rules about how many cars can be parked in the driveway or on the street.
Most HOA agreements also take issue with commercial vehicles being parked on the property. This is not so much an issue for vendors working in the area, but for business owners who need to park their work trucks or vans when they go home at night.
6. Hanging You Out to Dry
Believe it or not, quite a few states have rules that prevent homeowners associations from telling you that you can’t hang your clothes in your yard to dry.
It’s called “solar drying” and your HOA must accept it as long as you discretely place your hanging zone in your own backyard. They can’t restrict you from attaching an eyelet or stringing up the rope. The only exception is if you share your yard with someone else.
7. Random Fines
Of all the homeowners association problems, this causes the most frustration among homeowners.
Your HOA may dislike something you’ve done. They may even send you a letter and threaten to fine you for a violation. Take a close look at your bylaws to make sure the offense is actually listed; there have been scenarios where HOAs tried to sneak in new or unlisted rules in an attempt to push people out in the past.
Homeowners associations aren’t allowed to fine you because they woke up one morning and decided your new unique planter isn’t to their liking. Nor can they demand you paint your mailbox sky blue. Check the rules and prepare to file an appeal if you think they’re in the wrong.
8. Antenna Restrictions
Your homeowners’ association has no right to dictate what service provider you choose for your cable service. They can’t force you to take down your satellite dish, either, even if they feel it doesn’t fit in with the aesthetic appeal of the neighborhood or not.
Check your association’s rules carefully. There may be some contracts that still restrict certain antenna types, but those are old contracts. As of 1997, the federal government says you can have whatever type of reception device you want.
9. Pet Problems
Dogs and other pets are another common homeowners association problem. While there aren’t typically rules preventing you from having a pet, there are definitely rules regarding whether or not your pet is a nuisance.
Some areas may be able to institute breed or weight restrictions. This is more common in condos than in freestanding home communities. Common pet problems include noise, leash law violations, and owners refusing to clean up pet waste.
Related: 10 California Pet Laws Every Owner Should Know
10. Holiday Decorations
Are you the type of person who absolutely loves decorating for the holidays? Wish they’d last all year? You may want to think twice before moving into a neighborhood governed by a homeowners association.
Most HOAs have rules regarding how far before and how long after holiday decorations may remain up. They will also sometimes limit the type of lights you can use, the size of your display, and whether or not you can use flashing lights or music. Of all the homeowners association problems on this list, you probably won’t have a difficult time with this one.
Read the rules carefully before you break out your holiday stash.
Conclusion
Whether you’re considering moving to a community with a homeowners association or you currently reside in one, you might encounter one or more of these homeowners association problems at some point.
if you experience a problem, you can attend your homeowners’ association meetings and express your concerns. If that doesn’t work, you should find a lawyer before taking any further action. An attorney familiar with laws relating to homeowners associations will provide the guidance you need to resolve the issue.
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