Last updated: April 09, 2025

Home Ownership

What you should know about HOAs

Man with his children coloring a picture in their new house that has a HOA

When homebuilders develop a piece of land into multiple properties for sale, they may set up a homeowners association (HOA) with rules and regulations that homeowners must follow.

In return for a recurring fee, homeowners typically receive benefits such as the upkeep of certain areas and access to amenities like community gardens and swimming pools. 

What is an HOA?

A HOA is an organization formed within a housing development. Its purpose is to establish rules and regulations that homeowners in the development must abide by. 

Once a community is established, the homeowners association is typically managed by a board of directors consisting of elected homeowners. Their tasks may include creating new rules for homeowners, collecting payment of dues, and maintaining common areas. 

HOA fees vary depending on where a community is located and the amount of services provided.

In a development with an optional HOA, membership is not required, so homeowners don't have to pay fees or abide by the association's rules if they don't want to. 

How does an HOA work?

When you purchase a property with a mandatory HOA, you automatically become a member and are required to pay regular fees, sometimes known as HOA dues. These fees may contribute to the maintenance and management of the housing development, which may include providing services such as landscaping, trash collection, and common area upkeep.

The HOA board of directors may make decisions on behalf of the homeowners, such as approving architectural changes, resolving disputes, and enforcing rules.

What does an HOA do?

HOAs typically establish a set of rules and restrictions known as CC&Rs (covenants, conditions, and restrictions).

These CC&Rs may relate to various aspects of homeownership, such as acceptable exterior paint colors, landscaping requirements, pet regulations, noise restrictions, and guidelines on parking and storage.

Examples of HOA rules

While HOA rules may vary from one community to another, here are some common examples:

  1. Exterior modifications: HOAs may regulate the changes homeowners can make to the exterior of their properties, including the addition of structures like sheds, fences, or swimming pools.
  2. Pet policies: HOAs may have guidelines regarding pet ownership, including breed restrictions, leash requirements, and rules on the number of pets allowed per household.
  3. Noise restrictions: HOAs may implement quiet hours to ensure a peaceful living environment for residents.
  4. Parking regulations: HOAs may have guidelines regarding where residents can park to maintain order and prevent congestion. 

How do HOAs enforce rules?

Here is a list of actions an HOA board may take against homeowners who aren’t following the rules:

  1. Friendly warnings: When an HOA believes a rule violation has occurred, the first step may be to send a friendly warning letter to the homeowner. This lets them know what rules have been broken and provides an opportunity to fix the situation. 
  2. Fines: If a friendly warning goes unnoticed or repeated violations occur, the HOA may take serious action to encourage compliance with the established rules, such as imposing fines. 
  3. Legal action: The HOA may need to take legal action if a homeowner repeatedly breaches a violation. This may involve seeking a court order or placing a lien on a property for non-payment of fees.

HOAs must follow rules set by state and federal laws. For example, an HOA isn’t allowed to discriminate against someone based on race, religion, disability status, or other factors, as per the Fair Housing Act. 

Buying a home in an HOA development

If you are considering buying a home in a community with an HOA, make sure to conduct due diligence. You may want to request a copy of CC&Rs from the association to learn the obligations of homeowners. Consider consulting with an attorney to ensure you understand these provisions.

Meeting homeowners in the HOA development to get their opinions of the association may also be helpful. 

Once you decide to buy a home in a community with a mandatory HOA, you will be expected to follow any applicable rules and pay regular fees. Be sure to factor these costs into your budgeting and financial planning.

Take the time to compare one association with others in the area. While buying a home may be a deeply personal experience, you may want to treat it like a business decision. Make sure the investment you are making is worthwhile.

Advantages of living in an HOA community

Some of the potential benefits of living in an HOA community include:

  1. Amenities: Many HOA communities offer access to amenities such as pools, gyms, parks, and community centers, providing residents with recreational opportunities.
  2. Maintenance and upkeep: HOAs typically take the responsibility of maintaining shared spaces to keep the community looking well-groomed and enjoyable.
  3. Dispute resolution: Should conflict arise between neighbors, the HOA may step in to mediate and help find a resolution. 

Disadvantages of an HOA

Some of the potential cons of living in an HOA community include:

  1. Fees and fines: HOA fees are an added expense that homeowners may want to budget for. An HOA may also issue fines over rule violations. 
  2. Loss of autonomy: Living in a mandatory HOA development means following the rules and restrictions set forth by the board, which may limit some of your personal choices regarding your property. For example, an HOA may have guidelines that restrict modifications to the exterior of your home.
  3. Potential conflict: An association's potential enforcement of rules may sometimes lead to disagreements or disputes between residents and the HOA board.

HOA FAQs

Can I opt out of an HOA?

Generally, membership is required if you purchase a property in a community with a mandatory HOA. Membership may not be required in a development with an optional HOA.

How much are HOA fees?

HOA fees vary depending on the community, the services provided, and other factors. Consult with a real estate professional or contact the HOA board of directors to learn about fees that apply to the neighborhood where you’re looking to purchase a home.

Can an HOA foreclose on my property?

Depending on state laws, an HOA may file a lien and potentially foreclose on a property in cases of non-payment.

Living in an HOA development may present both potential benefits and drawbacks, consider your personal preferences and lifestyle. Understanding the rules and regulations of an HOA before purchasing a property may help you decide on the community that’s right for you.

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The information provided herein is for informational purposes only and is not intended to be construed as professional advice. Nothing contained in this article shall give rise to, or be construed to give rise to, any obligation or liability whatsoever on the part of Discover® Bank or its affiliates.

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