Spring Maintenance For HOAs In Southern California

professional gardening | spring maintenance for HOAs

Spring is the perfect season for HOAs for large-scale community maintenance and enhancement projects. But for this to go well, you will need a good spring maintenance plan to ensure a safe and pleasant environment for all residents. 

The Importance of Spring Maintenance for HOAs

Spring maintenance is crucial for many HOAs as it is the best time to address any wear and tear accumulated over the past year. Through regular upkeep, you are helping prevent minor issues from getting bigger and becoming costly issues just to preserve your community’s aesthetic appeal. If done properly, HOAs can ensure the longevity of shared amenities and infrastructures and boost resident satisfaction.

First Things First: Community Inspection Checklist

As with any maintenance task, your HOA will first need to inspect all common areas and amenities in the community comprehensively. Through this, the HOA will be able to spot major and minor issues that need to be addressed. It also helps set priorities for maintenance work in the spring. 

Here’s a checklist for conducting a community inspection.

Assess Building Exteriors

When doing inspections, the first spot you can observe is the building’s exteriors. For this part, make sure to look for signs of wear and tear. These may come in the form of peeling or cracked paints, cracks in stucco or sidings, and damaged window seals, among others.

Chipping paint and small cracks only lead to more significant structural issues if neglected. Take note of areas that need repainting and resealing so that you can ensure that the building is protected from the elements. On top of that, addressing exterior crafts helps maintain the visual appeal of buildings and increases property value. 

Inspect Roofs and Gutters

roof maintenance | spring maintenance for HOAs

Another major area that you need to inspect for spring maintenance is roofing. You should check if your roofs have missing or damaged shingles. Also, take note of any possible leaks and signs of wear and tear.

Besides the roof, you must inspect your gutters for any dirt, damage, or clogging. Proper drainage is essential to avoiding bigger roofing damage, so getting buildup early is key to preventing this. 

Evaluate Common Area Interiors

After checking the exterior of buildings for any issues, your HOA should head inside common areas to spot any damages. Clubhouses, fitness centers, and recreational facilities should be thoroughly inspected for signs of wear and tear.

Other than structural damages, your HOA must also check that the equipment in these common buildings is in good working order. Take note of any broken locks, damaged flooring, or malfunctioning HVAC systems that you must repair or change.

Landscaping and Grounds Maintenance Checklist

Proper landscaping contributes to the visual beauty of your neighborhood. Moreover, it provides residents with enjoyable outdoor spaces. 

Spring is the best time to refresh your neighborhood’s landscape appeal. Here are some things you need to address.

Lawn Care and Planting

When maintaining common lawn areas, you should factor in aeration, fertilization, and weed control so that the grass grows healthily. If you notice they are patchy or thinning, you should assess whether reseeding is needed. 

Other than the grass, planting native California plants that use less water may be a great move to do in spring. It requires less maintenance but adds more vibrancy to your common areas. 

Tree and Shrub Pruning

tree trimming | spring maintenance for HOAs

When it comes to trees and shrubs, pruning is a must to promote healthy growth. Neglecting overgrown branches may pose a safety risk for residents, especially in common areas like walkways and parking lots.

Removing dead branches also promotes new branch growth and improves the area’s appearance. It also prevents the branches from potentially damaging nearby structures and powerlines when they overgrow or when it is windy. 

Irrigation System Check

As part of your spring maintenance checklist, you should ensure an efficient irrigation system in good working order. Check whether the sprinkler heads have issues, such as leaks or misalignment, and address them promptly. This ensures your garden areas are well watered while avoiding any wasted water from leaks. 

Safety and Infrastructure Assessments

Ensuring the safety and integrity of the community’s infrastructure is a key responsibility of the HOA. Therefore, finding and addressing possible safety hazards immediately is a must, especially for spring maintenance. Doing so prevents accidents and costly liability issues.

Playground and Recreational Areas

To ensure the safety of everyone in the community, especially the kids, your HOA must ensure your playground is safe.

To do this, you must inspect the area and the playground equipment installed. Find any safety hazards that need to be removed or repaired. 

Other than repairs, renew any safety surfacing that may have been worn out in the past year. These may include mulch, rubber mats, and cushions that prevent injuries. 

If recreational amenities, such as tennis or basketball courts, are found in your playground, inspect them and address any crack or damage that may cause a person to trip. 

Walkways and Parking Lots

As part of your regular yearly maintenance, your HOA should check if sidewalks, pathways, and parking have cracks, potholes, or uneven surfaces that must be repaired. These are common issues that pose a safety risk for the community. They also contribute to the pavement’s deterioration as time passes. 

After inspection, your HOA should schedule repairs or repavements when needed. 

Lighting and Signage

changing lights | spring maintenance for HOAs

For your neighborhood’s safety and security, you need to ensure that there is adequate outdoor lighting. During your maintenance inspection and process, check the streetlights, pathway lighting, and entrance sights. See if they are adequately lit and note those needing lightbulb repairs.

Your HOA can consider upgrading your outdoor lighting to more energy-efficient options, such as LED lighting or solar panels to power streetlights. 

Pool and Spa Maintenance

Many residents in the neighborhood probably enjoy their time at your HOA community’s recreational facilities, like pools or spas. To keep these residents safe, ensure that you perform regular maintenance and safety inspections. 

Chemical Balancing

If you have pools, make sure to test the waters regularly. Check if its levels are right at the sweet spot. Pool levels must be in the sweet spot to keep the water safe and clean.

Unbalanced pool chemicals can lead to several issues, including algae growth and cloudy water. To avoid this, perform chemical balancing and ensure your chlorine and water pH are at the proper level, and there is proper water circulation.

Equipment Inspection

Your HOA should periodically inspect pool and spa equipment, including pumps, filters, and heaters, to ensure they function well. If you find leaks or malfunctioning equipment, they should be addressed promptly to prevent more damage or unexpected service disruptions. On top of that, by scheduling routine professional maintenance, you are also extending the lifespan of these systems, effectively reducing long-term costs.

Facility Cleanliness

pool cleaning | spring maintenance for HOAs

Keeping pool areas clean and well-maintained is crucial for resident satisfaction. Pool decks should be power-washed, and lounge chairs should be inspected for damage. Also, make sure your restrooms are stocked and sanitary. Also, make sure trash bins are emptied regularly to prevent unsightly messes.

Communication and Resident Involvement

Proper communication with residents helps create a sense of community, especially between the HOA board and homeowners. It also promotes cooperation during your maintenance efforts.

As part of the HOA board, you should keep homeowners informed about projects while encouraging them to participate in keeping the community well-maintained.

Informing Residents of Maintenance Schedules

One of the most important things you will need to communicate with residents is your maintenance schedules, whether they happen yearly in spring or periodically every season. They should have access to schedules for roof repairs, landscaping upkeep, and pool maintenance.

This can easily be done through numerous communication channels, like email, newsletters, or via your HOA’s website. 

Encouraging Resident Feedback

While the HOA board and your contractors will have experience inspecting for maintenance-related issues, they are still prone to missing things. For this, it is important to have more sets of eyes to notice issues that were overlooked.

Encouraging residents to report any concerns or suggest improvements should be welcomed. You may use surveys, meetings, or an online submission portal to gather feedback from residents.

Organizing Community Clean-Up Events

Spring is a great time to get the residents involved in community upkeep. You can organize voluntary clean-up events, where homeowners who want to help can join in keeping shared spaces visually appealing. 

Doing so has at least a couple of benefits to the community. First, having more hands to help out means that maintenance would be quicker. Second, gatherings are social events that help cultivate community and create engagement among neighbors. 

Budgeting and Planning for Future Maintenance

Effective financial planning ensures the HOA can address current maintenance needs while preparing for future projects. Here are some of the things your HOA needs to consider. 

Reviewing Maintenance Budgets

group meeting | spring maintenance for HOAs

Your HOA board or budget committee should review the association’s maintenance budget. Doing so ensures you can allocate sufficient funds for necessary repairs and upkeep. If your HOA has major projects planned, such as repaving roads or upgrading amenities, properly planning your finances helps ensure funds are available when needed.

Scheduling Preventative Maintenance

Other than addressing already-visible issues, your HOA should consider regular preventative maintenance. After all, prevention is better than cure. 

Planning for Future Improvements

In addition to regular maintenance, your HOA must also consider long-term improvements to enhance the community. These upgrades may include better and more sustainable landscaping, security systems upgrades, or amenity renovations. Planning these projects will help maintain property values and keep the community desirable for current and future residents.

Getting Ready for Spring

Spring maintenance for HOAs in Southern California is essential to keeping communities safe, functional, and visually appealing. As the HOA board, you are responsible for having thorough inspections performed, landscaping needs addressed, and safety in common areas secured. By doing so, your HOA can create a welcoming and well-maintained environment for its residents. Personalized

Property Management offers professional community management services around Southern California. Call us at 760-325-9500 or send us a message if you want to know more about what we do.

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HOA Budget Forecasting: Long-Term Financial Planning Is Key

budget planning | hoa budget forecasting

Effective HOA budget forecasting is key to maintaining the financial health of an HOA community and, in turn, ensuring its long-term success. HOA boards will better understand future expenses by conducting comprehensive financial forecasting. This may help minimize the need for special assessments while upholding property values. 

What Exactly is HOA Budget Forecasting?

Simply put, HOA budget forecasting involves estimating the HOA community’s future financial needs. This is usually done to ensure that the HOA remains financially stable. By thoroughly reviewing previous expenditures and predicting upcoming costs, your HOA will be able to allocate funds appropriately.

Among many things, proper forecasting lets HOAs plan for maintenance, repairs, and long-term projects without imposing sudden financial burdens on homeowners. This approach also helps lower the risk of budget deficits while maintaining the association’s vital community services.

Additionally, financial forecasting provides a clear outline that your HOA can consider when adjusting dues, preparing reserve funds, and bracing for any economic factors that may disrupt the HOA’s ability to meet its obligations.

Why Budget Forecasting Matters

Budget forecasting is critical for HOAs to manage expenses efficiently and ensure the long-term financial health of the community. Without proper planning, associations risk underfunding reserves, delaying maintenance, and creating financial instability.

A structured budget forecast allows HOAs to anticipate large expenses such as infrastructure repairs, landscaping upgrades, or emergency costs, reducing the likelihood of unexpected special assessments.

What are the Benefits of HOA Budget Forecasting?

Your HOA can enjoy numerous benefits when pursuing HOA budget forecasting. Here are some of the advantages this practice can bring. 

Minimizing Special Assessments

If your HOA carefully forecasts expenses and creates a well-planned budget, it will reduce the likelihood of your association needing to levy unexpected special assessments, which can be a financial burden on homeowners. 

Special assessments happen when your HOA lacks reserve funds to cover major repairs, emergency expenses, or unexpected costs. When these assessments suddenly come up, they often result in dissatisfied residents, especially those who may struggle to pay the extra fees.

A proper budget forecast helps ensure that your homeowners also have a financial environment they can anticipate. This helps residents plan their own household budgets without fear of sudden cost increases. 

Ensuring Well-Funded Reserves

dollars with rubber band | hoa budget forecasting

HOAs must prepare for long-term capital expenditures, such as large-scale maintenance and community facility upgrades. The most crucial maintenance projects may be delayed without adequate reserve funds, resulting in deteriorating infrastructure and lower property values. HOA budget forecasting can help ensure that your association will have enough reserves to cover these expenses without relying on emergency funding.

Maintaining Property Values

If your HOA is financially stable, it can help increase property values by ensuring that common areas and amenities remain in excellent condition. HOA neighborhoods with well-maintained landscapes, properly functioning amenities, and a proactive maintenance plan usually attract potential buyers and retain current residents. 

On the other hand, if the HOA community has neglected buildings and unkempt landscaping, demonstrating an unhealthy financial situation, more prospective buyers will likely stay away from it, negatively impacting property values.

When your HOA performs budget forecasting, it can help the board pinpoint which projects to prioritize that may enhance curb appeal. The outside look of a community reflects and demonstrates how well the association has planned its finances. In turn, this creates a positive reputation for the community, which can be beneficial when marketing properties in the neighborhood to potential buyers.

Improving Transparency and Accountability

Yes, budget forecasting affects how residents in the community view the HOA. Having a proper budget that keeps the neighborhood running while considering the financial situation of residents is well appreciated. If your association can do this, you also build a sense of trust between homeowners and HOA board members. 

Of course, having a reasonable budget through proper forecasting and planning is not enough to build this trust. The HOA must also show accountability through transparency. To help with this, your HOA can conduct meetings and Q&A sessions with homeowners. It shows transparency and benefits the board by gaining insight into the community’s needs, which is crucial in budget forecasting. 

Homeowners are more likely to support budget decisions when they understand how their dues are allocated and why certain expenses are prioritized. Regular financial reports, open meetings, and detailed budgeting plans can demystify the community’s financial management process.

Tips for Effective HOA Budget Forecasting

The HOA Board has a duty to create a budget that will adequately sustain the HOA but is within reason. Here are some tips that you can use to plan for a sound budget forecasting report for your HOA. 

Comprehensive Financial Data Collection

Your HOA will need to collect financial data to do budget forecasting properly and accurately. For this, the association will need to collect financial reports, expense records, vendor contracts, and any additional financial statements. These pieces of information make identifying your HOA’s spending patterns and predicting its future financial needs easier. 

Organizing financial records as common practice will help your HOA in the long run. Your HOA can quickly make informed decisions based on past budget spending patterns by keeping detailed financial documents and records. 

It is also best to conduct regular financial audits to help identify gaps and issues in your budget plans. It also shows you an idea of the HOA’s overall financial health. When considering audits, the board of directors can adjust budget allocations and remove unnecessary expenses.

Establishing a Budget Committee

The HOA board doesn’t have to do everything regarding budget. They can get some help by forming a budget committee. This committee may include board members, members of the HOA community with financial expertise, and the HOA’s property management team. Their primary role is to oversee financial planning and help with budget preparation.

A budget committee lets you have a more thorough and transparent budget review process. By having different stakeholders in budget discussions, HOAs can ensure that all financial decisions align with the community’s long-term objectives.

Developing Long-Term Financial Projections

HOAs should develop long-term financial projections spanning five to ten years. These projections should factor in inflation, maintenance trends, and capital improvement needs. Planning lets the association anticipate larger expenses and set aside the needed funds in reserve accounts.

Regularly updating these projections based on financial performance ensures that the HOA’s budgets remain accurate and adaptable. Additionally, a proactive approach to financial forecasting can prevent financial crises and support more sustainable financial management.

Regularly Reviewing and Adjusting the Budget

An HOA’s budget must be reviewed continuously since doing so will ensure financial stability. Quarterly or annual reviews allow the board to compare actual expenses with budget projections and make necessary adjustments.

Regular budget reviews help identify inefficiencies or overspending while ensuring that reserve funds are allocated effectively. Keeping the budget dynamic and adaptable helps prevent shortfalls and unexpected financial burdens on homeowners.

Special Assessments and Long-Term HOA Financial Planning

There are things that budget forecasting can’t predict. When that time comes, your HOA may need special assessments. While it is good to minimize instances of levying this in your HOA, it still plays a vital role in your association’s financial planning process.

Emergency Repairs and Maintenance

construction workers | hoa budget forecasting

HOAs may need to levy special assessments when emergency repairs that exceed reserve fund capabilities arise. Urgent issues such as plumbing failures, structural damage, or major electrical faults may require immediate funding, and if reserves are insufficient, special assessments become necessary.

HOAs should establish an emergency contingency fund separate from their primary reserve account to prevent frequent emergency assessments. This allows associations to handle urgent repairs without unexpectedly burdening homeowners financially.

Legal and Compliance Costs

Legal disputes, lawsuits, or government-mandated changes may result in additional costs exceeding your HOA’s budget. Special assessments may be imposed to cover these legal fees or ensure compliance with regulatory updates, helping associations avoid penalties.

By proactively budgeting for potential legal expenses, HOAs can reduce the need for special assessments in these scenarios. Consulting with legal professionals and staying ahead of regulatory changes will help associations anticipate and incorporate these costs into their long-term financial plans.

Major Capital Improvement Projects

Special assessments often fund large-scale infrastructure projects such as clubhouse renovations, security upgrades, or road resurfacing. These enhancements, while beneficial, can be costly and may not always be fully covered by reserve funds.

To minimize reliance on special assessments for such projects, HOAs should conduct reserve studies to estimate future improvement needs and adjust annual contributions accordingly. Gradual savings over time can significantly reduce the financial impact on homeowners when significant upgrades are required.

Natural Disasters and Insurance Shortfalls

If a natural disaster such as an earthquake, hurricane, or wildfire causes damage beyond insurance coverage, HOAs may need to impose special assessments to restore communal property. Without these funds, necessary repairs may be delayed, affecting residents’ quality of life and property values.

While insurance can cover some damages, HOAS must have contingency funds for unanticipated disasters. Establishing an emergency reserve in addition to general reserve funds can provide financial security and reduce the need for sudden special assessments.

Looking Ahead. 

Effective HOA budget forecasting is essential for long-term financial stability and community sustainability. By implementing proactive budgeting strategies, ensuring transparency in financial planning, and maintaining well-funded reserves, HOAs can minimize financial disruptions and provide a stable living environment for homeowners.

Personalized Property Management offers professional community management services around Southern California, including HOA financial management. Call us at 760-325-9500 or send us a message if you want to know more about what we do.

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HOA Pest Control: Who’s Responsible For Keeping Pests At Bay?

pest control | hoa pest control

HOA pest control is crucial to maintaining the safety and cleanliness of your HOA community. However, it’s also usually a contention on who’s responsible for it. But what is the scope of the HOA’s responsibility when it comes to pest control?

Understanding the Scope of HOA Pest Control

Pests can pose serious threats to property and health. Given this, the HOA should prioritize effective pest control for the community’s safety.

HOAs, in most cases, are responsible for maintaining shared spaces, such as clubhouses, pools, parks, and landscaped zones. They must ensure these areas are safe and clean for residents to use or be in. Part of this responsibility is keeping away pests like rats and other rodents, termites, or insects in common areas.

The scope and limitations of the HOA’s pest control obligations should be outlined in the association’s governing documents. It should include which areas the HOA’s pest control efforts cover and which parts the homeowners maintain. Usually, the governing documents also say that the HOA will also be responsible for pest control if the issues can affect multiple properties in the community.

Does the HOA Cover Pest Control?

While it should serve the community’s best interest, there is no one answer to this question. This will all depend on the state laws, which may differ based on the HOA is location. To answer this question, you can check the laws in your state and find out if HOAs cover pest control. 

In California, however, California’s Civil Code Section 1364 states that the HOA must cover the cost of repairs and upkeep for the community’s common areas. It also mentions what property owners are responsible for, namely their property and exclusive-use common areas.

Included in that upkeep is pest control. However, the law allows the association’s governing documents to say otherwise. Suppose your HOA’s governing documents outline what is included in its pest control duties, which will be followed. Meanwhile, the provisions found in California’s civil code will be followed if no such inclusions are found in your HOA documents.

However, there are times when the infestation starts in one property and spreads to other areas of the community. In cases like this, some HOAs have policies indicating that whoever causes the infestation will have to cover the services. The caveat to this is that it’s always hard to distinguish where such issues start. 

What Happens When a Pest Infestation Strikes an HOA?

Pest infestations can happen due to a number of factors, and they may strike your HOA community at any time. When this happens, the HOA must contract a professional pest control services company. Pest management is best left to the professionals, and the earlier they are contacted, the lower the likelihood of the infestation spreading to other areas in the HOA community. 

Professional pest control services have the expertise and tools to effectively manage or provide solutions to pet issues. Depending on the type of pest, the contractor may provide various solutions that are both safe for the community and effective in removing the infestation. 

Common Types of Pests

Many types of pests can affect HOA communities, and some may be more common than others. Here are some of the most common pests you may encounter in an HOA community. 

Rodents and Rabbits

three rats | hoa pest control

One of the most common pests that households and communities encounter is rats and other rodents like mice, gophers, and squirrels. Rats may be more common in larger cities, where sanitation can be difficult to manage. Meanwhile, in suburban or rural areas, rodents and rabbits, which thrive in larger, more open spaces, are seen more frequently.

Such pests are one of the biggest health and safety concerns. They can become carriers of diseases, with some being serious or life-threatening. Therefore, when your community encounters this issue, they need to contact professionals as soon as possible. 

Disease-Carrying Insects

Another type of pest that commonly causes problems in HOA communities is insects, specifically disease-carrying insects. These may include cockroaches and mosquitoes, known carriers of bacteria and viruses that may negatively affect residents.

Mosquitoes are more common in HOA neighborhoods situated in rural areas. If there are only a few mosquitoes around, residents can help keep them away from their homes by using aromatic herbs like lavender, citronella, or mint, which mosquitoes tend to avoid. 

Although there are times when mosquitoes come in swarms, that’s when it’s best to call professionals. They would organize fumigations that would get rid of mosquitoes. 

On the other hand, cockroaches, which are more common in urban areas, can be harder to eliminate. Preventing them from infesting your community is better than getting rid of them later. But if your community is already facing a cockroach infestation, it is best to contact pest control immediately. 

Termites and Wood-Damaging Insects

wood damaged by termites | hoa pest control

They’re small but terrible—termites and other wood-damaging insects can swarm buildings without you even noticing until it’s too late. They would eat away at wooden foundations, damaging buildings and possibly making them brittle enough to be considered a safety hazard.

When you first notice signs of a termite infestation, it’s best to call professionals immediately to remove them—also, schedule inspections to check whether other properties and buildings in your community are affected. 

Can Residents Refuse HOA Pest Control?

There are instances when a homeowner may refuse to have pest control. However, in such cases, the HOA can still check the laws to see if it has the right to impose pest control. Of course, the HOA board would need to provide prior notice and a proper reason before doing so.

Some homeowners may agree to the pest control procedures but deny them based on the chemicals that professionals plan to use. These usually happen because the resident may have allergic reactions or health issues, or if they follow a specific lifestyle, such as using environmentally friendly products. 

In these cases, the homeowners may ask for alternative pest control products, and the Fair Housing Act is a federal law that supports such accommodations. To solve this problem, the HOA may ask the residents what products they prefer or discuss the possible alternative options with the contractor.

Relocation Due to HOA Pest Control

There are instances when infestations become dangerous and uncontrollable, posing a risk to the community’s residents. When this happens, and you bring in pest control, it’s best to have residents relocate for a while while the professionals do their job. 

When this happens, who is responsible for relocation expenses? 

Again, the answer to this varies for every state. In California, the association may need to cover these expenses if pest control measures, such as fumigation, are required. Usually, homeowners are open to temporary relocation if the HOA covers that cost. 

Amending Governing Documents to Address Pests in Han OA Community

While rare, some HOA communities do not have provisions about pest control in their governing documents. In other cases, these provisions are outdated and need amendments. 

If you plan to update or amend your governing documents in relation to pest control, you need to do several things. 

First, you need to check your governing documents or state laws to determine the formal process of amending these bylaws. Then, you should outline what amendments are required and whether they would be legal in your state. It is best to consult your HOA attorney to ensure compliance. 

During the process, you must also gather input from the residents of your community. For best results, ask to collaborate with them to find out the best course of action for the community as a whole. 

What to Include in HOA Pest Control Policy

If you’re amending or creating a pest control policy for your HOA, here are some things you should consider. 

Scheduling Routine Inspections

pest control professional | hoa pest control

Having routine inspections is crucial for maintenance and upkeep in general. This helps spot any damages or cracks where pests may hide or use to enter a building. Inspections of hard-to-reach areas also help detect infestations that are just starting to spread.

Landscaping Amendments

You can also add provisions in your governing documents about landscaping that help prevent pests in common areas. These can include preferences for plants that double as pest repellants. 

A Logistics Plan

As mentioned before, there are cases when pest control will have to cause residents to relocate. To avoid any issues with residents about this, part of your pest control policies should be a logistics plan. It needs to outline how to address such scenarios, along with other logistics processes needed for pest control. 

A Shared Responsibility

Keeping pests at bay requires collaboration. HOAs and homeowners must understand their roles and work together. Clear guidelines ensure effective pest management, creating safe and comfortable communities.

Personalized Property Management offers professional community management services around Southern California. Call us at 760-325-9500 or send us a message if you want to know more about what we do.

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HOA Backyard Rules For California HOA Communities

clean backyard design | hoa backyard rules

As part of their responsibilities, many HOAs implement specific HOA backyard rules for the use and appearance of their space. While these rules promote harmony within communities, homeowners sometimes find them restrictive. 

Can HOAs Tell You What to Do in Your Backyard?

Does the HOA have the right to tell homeowners what they can and can’t do on their own property? The answer mostly depends on the governing documents of the HOA and state laws. Your community’s governing documents outline what is permitted within the community, and homeowners agree to follow these rules when purchasing property in an HOA neighborhood.

However, homeowners also have the right to petition for changes to HOA policies. If backyard rules are particularly restrictive or outdated, homeowners can propose amendments during meetings with the association. 

California State Laws and HOA Regulations

While HOAs usually have the authority, their power is not absolute. California’s laws, such as the Davis-Stirling Act, ensure that HOA policies cannot infringe on a resident’s fundamental property rights. 

Regarding backyard rules, several provisions in the law may apply, dictating what HOAs can and can’t impose on homeowners.

For example, California Civil Code §4746 protects a homeowner’s right to reasonable modifications for energy efficiency. These include the installation of renewable energy sources like solar panels. 

Another example is Civil Code §4750, which ensures homeowners can maintain and cultivate personal gardens in their backyards. However, that stipulation also mentions that the association may still impose specific aesthetic or safety restrictions. 

One unique stipulation in California law prohibits associations from enforcing rules that impose water-intensive landscaping (Civil Code §4735). This stems from the state’s climate, where droughts are becoming more frequent. The said provision ensures that homeowners can implement drought-resistant landscaping without penalty. 

Common HOA Backyard Rules in California

Like many other states, California’s HOAs may still impose some restrictions on a homeowner’s backyard. They are permissible as long as they abide by state and federal laws and as long as they’re outlined in the HOA’s governing documents.

When it comes to HOA communities, California’s legal framework tries to strike a balance between the limitations HOAs can impose and homeowner freedoms. Often, they would do so by protecting a homeowner’s right to have something as long as it is regulated or approved by the HOA. 

Here are some common HOA backyard rules that are in effect in many communities in California.

Landscaping Requirements

green landscape | hoa backyard rules

One of the most common policies that can dictate what residents can do in their backyards is landscaping. Usually, HOAs have rules about landscaping to keep the community’s visual appeal and uniformity.

Landscaping requirements include what plant species are allowed, policies on law maintenance, and the prohibition of planting invasive species that may ruin local wildlife. 

Of course, some of the special provisions in California’s civil code also apply when it comes to landscaping. One previously mentioned rule is that HOAs are not allowed to impose homeowners on having water-heavy landscaping. 

When it comes to this, HOAs may encourage homeowners to do Xeriscaping instead, which involves landscaping an area that needs little irrigation. They may also encourage the planting of native plants. These alternatives help homeowners maintain aesthetically pleasing outdoor areas, which can still align with HOA policies. 

Backyard Structures

Other than landscaping, HOAs also commonly have rules on what backyard structures, temporary or permanent, a homeowner may have. The standard rules for HOAs may include restrictions on sheds, pergolas, or gazebos. For such structures, the association would typically require homeowners to submit plans for approval before construction. These regulations aim to prevent structures that might clash with the community’s architectural standards.

A homeowner’s right to build accessory dwelling units (ADUs) in their backyard is protected by law. These are put in place in efforts to help address housing shortages. Given this protection, HOAs are disallowed from prohibiting ADUs, but they can still enforce architectural and visual restrictions as long as they are reasonable. 

Given this, HOA residents looking to build ADUs in their backyard must still undergo the association’s approval process, which may include outlining design aspects and materials for the HOA to review. 

Backyard Chickens in HOAs

It may be amusing to think about raising backyard chickens in HOA communities. Some may even find it ridiculous and assume everyone outright prohibits this. However, you’d be surprised to know that in some communities, this is allowed.

In California, there are a number of HOAs that allow backyard chickens. Still, these are under strict conditions, such as a limitation on the number of chickens and restrictions on roosters due to noise concerns. The policies vary per area, so it is also best to check with local authorities.

Raising chickens in your backyard is somewhat protected in areas of California, thanks to the state’s Right to Farm Act. This law protects a person’s rights to engage in agricultural activities, even in HOA communities, including raising chickens. However, these protections aren’t absolute since noise, sanitation, and aesthetic concerts may overlap. 

Noise and Privacy

angry man | hoa backyard rules

Noise and privacy concerns among homeowners often result in related HOA policies being made to address them, including ones about backyard usage. Such policies can include limits on using sound systems, hosting outdoor parties, or the height of fences and hedges in your backyard. The association may also have rules regarding security camera placement in your backyard to ensure they don’t infringe on neighbors’ privacy.

Decorative Features and Lighting

Many HOAs have regulations on backyard decorations, including lawn ornaments, fountain installations, and holiday decorations. While these rules are intended to maintain a cohesive aesthetic, they can feel overly restrictive to homeowners who want to personalize their spaces.

The law generally points to HOA policies regarding decorations and lighting in California. The HOA’s governing documents can outline what a resident can and can’t do when installing holiday lights or security features. 

These need to adhere to both HOA limitations and safety guidelines.  Additionally, the HOAs may also restrict how long lights can be on and the intensity of decorative lighting to avoid conflicts between neighbors.

Pools, Hot Tubs, and Play Structures 

happy kids playing | hoa backyard rules

HOAs also commonly regulate the installation and upkeep of recreational backyard structures like pools, hot tubs, and play structures like basketball hoops and trampolines. Before homeowners can put these up, the association often requires them to get approval first. They must also meet safety requirements and adhere to noise restrictions for maintenance equipment. 

Tips for Homeowners Navigating HOA Backyard Rules

Understanding and complying with HOA neighborhood rules can be daunting, but these tips can help:

  • Review Governing Documents: As a homeowner, you must familiarize yourself with the CC&Rs, bylaws, and other governing documents. These documents usually outline what the HOA allows.
  • Try to Have Open Communication: If you’re unaware of the rules or unsure whether you understand them, try to communicate with the HOA to clarify them. You may also try to request an exception, and the best way to do so is by contacting the HOA.
  • Know Your Rights: As a homeowner, you still have your rights. As such, you can familiarize yourself with California laws regulating HOA policies to protect your rights.
  • Documentation is Crucial: To avoid miscommunication and misunderstanding, it is best practice to keep documentation records. These records may include HOA communications, landscaping, architectural approvals, and exemptions.
  • Propose Policy Changes: If you think HOA rules seem overly restrictive, work with neighbors and the HOA to propose reasonable amendments.
  • Use Approved Vendors: For projects requiring HOA approval, consider using vendors familiar with HOA compliance to streamline the process.

Creative Solutions Within HOA Guidelines

At first, backyard restrictions may seem to limit a resident’s creativity regarding the appearance of their own homes. However, they can also reframe the mindset and find other creative means to personalize their backyards while adhering to HOA rules. 

Here are some suggestions:

  • Landscaping: Instead of using plants that require a lot of irrigation, why not opt for drought-resistant plants? Xeriscaping is a great way to ensure that your backyard plants comply with HOA guidelines while reducing water usage.
  • Decor: When it comes to decor, instead of insisting on using ones that the association disallows, you can instead work with HOA-approved items to personalize your home.
  • Entertainment Areas: As a homeowner, you can design your outdoor spaces to meet noise and privacy rules while providing functional and appealing areas for relaxation.

Balancing Rights and Limitations

Navigating HOA backyard rules in California calls for a certain level of understanding regarding state laws, HOA limitations, and individual property rights. By staying informed and collaborating with HOA boards, homeowners can easily find ways to enjoy and personalize their backyards while contributing to the neighborhood’s overall visual appeal. 

Personalized Property Management can help with enforcing rules in HOA communities around Southern California. Call us at 760-325-9500 or email us at info@ppminternet.com for more information!

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11 Top Tips For Managing A Master Planned Community

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Managing a master-planned community requires an approach that seamlessly aligns residents, amenities, and long-term goals. With considerations such as California HOA laws and diverse resident needs, effective management can enhance the community’s appeal and functionality.

What is a Master Planned Community?

Simply put, master-planned communities are large residential neighborhoods developed and planned with a vision that they will cater to a particular lifestyle their residents can enjoy. 

In most cases, developers will outline a wide range of details, such as certain types of amenities, activities, landscaping, and home arrangements, to contribute to their lifestyle vision for the neighborhood. 

In Southern California, many such communities offer both convenience and privacy. 

Unlike traditional communities, master-planned communities stand out as they prioritize long-term development and integration of amenities and services. However, with this undertaking, such communities also need proper management, which involves navigating unique challenges. 

Features of a Master Planned Community

What are the characteristics of a master-planned community? Here are some of them:

1. Pre-Planned and Pre-Designed

As mentioned, master-planned communities are meticulously developed with a specific purpose and vision. As such, developers tap professional urban planners, landscapers, and even architects to create a design for the community. 

They collaborate to design many aspects of the community, such as street layouts, property options, common amenities, and what commercial establishments to allow or to bring in.

2. Safe and Secure

A huge benefit of living in a master-planned community is its security. Such neighborhoods value their security, usually putting it as one of their top priorities. 

Residents of these communities also know and feel safe, especially knowing how the neighborhood is designed. Usually, security guards will be visible in designated areas at all times, and surveillance cameras operate 24/7 across the neighborhood. 

3. Has Open Spaces and Community Areas

family jogging | managing a master planned community

Most, if not all, master-planned communities feature many common areas with open spaces. They boast beautifully landscaped parks, jogging trails, and other amenities to encourage an active, outdoor lifestyle.

On top of that, MPCs also have numerous shared amenities for the benefit of their residents. Some of them you can find in other HOA communities, such as swimming pools, fitness gyms, tennis and basketball courts, and event spaces. 

4. Proximity to Essential Establishments

MPCs are designed with convenience in mind. They are often found near essential establishments, such as schools and hospitals. The developers usually look for locations that ensure easy access to these establishments. This also helps attract potential homeowners who want a healthy work-life balance while maintaining property value for a long time.

The HOA’s Responsibilities

Most master-planned communities have homeowners associations that help manage the community. In Southern California, HOA laws, particularly the Davis-Stirling Common Interest Development Act, govern many aspects of community management in an MPC.

These state laws and regulations outline the rules HOAs must follow for financial reporting and dispute resolution. Managers must ensure that all governing documents comply with these laws and that board members are well-versed in their responsibilities. 

Regular HOA compliance and governance training sessions for board members can reduce conflicts and ensure smooth operations. Legal compliance is not merely a requirement but a cornerstone for earning resident trust and maintaining order.

Tips for Properly Managing a Master Planned Community

1. Establish a Comprehensive Vision for the Community

together we can achieve more | managing a master planned community

A clear vision ensures that the HOA board, management team, and residents see eye-to-eye. In managing an MPC, you should start with a detailed understanding of the master plan, which includes zoning guidelines, infrastructure timelines, and planned amenities. A strong vision should embody the community’s values, goals, and long-term priorities.

You can communicate this vision to other stakeholders via regular updates, presentations, and town hall meetings. By uniting all stakeholders around a shared goal, you’re also helping achieve better decision-making and long-term success. Do remember, however, also to incorporate flexibility in this vision, considering that the residents’ needs and industry trends evolve over time.

2. Develop a Thorough Management Plan

Every master-planned community needs a well-thought-out management plan. This plan should include maintenance schedules, financial plans, and a framework for resident engagement. In the best-case scenario, key performance indicators (KPIs) must be specified to easily track success in areas like resident satisfaction, maintenance of amenities, and budget adherence.

When creating the plan, HOAs should account for state and local regulations and environmental factors. For example, Southern California’s water restrictions may require specific landscaping guidelines or infrastructure investments, such as recycled water systems. Considering these factors ensures compliance and helps the community become environmentally friendly.

3. Build Relationships with Residents

The HOA’s strong relationship with its residents is another crucial factor in managing a master-planned community. Try to make an effort to do more than just surveys and emails. A reasonable MPC HOA tries to create opportunities for in-person engagement, such as regular brunches and coffee chats or quarterly board Q&A sessions. By having an open line of communication, you can easily resolve issues while building trust with your residents.

Besides communication, transparency is also a key part of creating a good relationship with homeowners. It is the HOA’s responsibility to provide clear explanations for numerous HOA-related factors, such as dues, regulation changes, and large-scale community projects. Transparency helps homeowners feel informed and respected. It also helps create a community bond that promotes cooperation and participation. 

4. Prioritize Financial Sustainability

a piggybank | managing a master planned community

Good financial planning is needed for the success of every community. To manage an MPC successfully, ensure that HOA dues are set at enough levels to cover operational costs while funding reserve accounts. Reserve studies are also crucial in planning long-term repairs and replacements of shared infrastructure in the neighborhood.

For this, you can create detailed budgets and share them with residents. The HOA should also hold annual budget review meetings, allowing residents to ask questions and learn more about where their HOA dues and other financial contributions are going. Transparent fiscal management helps prevent pushback when assessments or dues increases are necessary.

5. Maintain Amenities to the Highest Standards

Amenities like pools, parks, and fitness centers are major selling points for master-planned communities. When managing one, do note that regular inspections and preventative maintenance are essential. Best practice would involve creating a cyclical maintenance schedule that prioritizes high-use areas.

Other than essential maintenance, periodic upgrades can help amenities stay updated with the latest features while boosting appeal. For example, adding shaded picnic areas, modern playground equipment, or eco-friendly lighting systems can enhance the appeal of community spaces. If you need ideas on what trends to follow, you can encourage resident input on desired upgrades through surveys or town hall discussions.

6. Navigate Unique Environmental Challenges

Southern California’s environment calls for MPCs to apply proactive and innovative solutions. In your community, HOAs can implement drought-tolerant landscaping and try out rainwater harvesting systems while ensuring compliance with the local wildfire mitigation plans. These efforts can reduce costs and appeal to environmentally conscious residents.

For the best results, your community should collaborate with local agencies to access funding or incentives for green initiatives. From solar energy rebates to water efficiency grants, these programs can benefit residents and the community’s vision.

7. Strengthen Vendor/Contractor Partnerships

Vendors and contractors are key components in maintaining the community’s standards. Establish long-term contracts that include performance benchmarks and regular reviews. Choose vendors familiar with California regulations, especially water conservation and energy efficiency.

Building relationships with reliable vendors ensures consistent service, which can prevent disruptions or unexpected cost overruns. Managers should also regularly evaluate vendor performance to ensure they continue to meet the community’s evolving needs.

8. Create a Sense of Community Identity

A strong identity helps create a sense of pride among community homeowners. For this, your association can host events such as seasonal festivals, outdoor movie nights, or community clean-up days. The HOA may also consider developing unique branding materials, like signage or a community logo, to visually represent the community’s identity.

Your HOA can also organize activities that encourage homeowner input on community improvements. These activities can be volunteer or resident-led initiatives, such as garden clubs.

9. Resolve Conflicts Proactively

stopping a domino | managing a master planned community

Proactive conflict management ensures small issues don’t escalate. Establish a formal process for dispute resolution, including mediation services when necessary. Managers should remain neutral and focus on fair solutions that balance individual and community needs.

Encourage residents to approach conflicts with open communication. Training sessions on conflict resolution for board members can also reduce friction during challenging situations.

The Heart of Community Success

Managing a master-planned community in Southern California needs strategic planning, legal compliance, and resident engagement. It entails transparency and good relationships with homeowners to achieve and maintain a vision established from the beginning.

Personalized Property Management offers professional master planned community management services around Southern California. Call us at 760-325-9500 or fill out this form with any questions you may have!

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Active Adult HOA Management: How Do Active Senior Homeowners Benefit From This?

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Active adult HOA management is essential to ensure a senior community runs smoothly. Professional management is beneficial to the HOA itself and to all of the residents who are a part of it.

What is Active Adult HOA Management?

An active adult homeowners association is a development that primarily caters to residents aged 55 and over. These communities offer a trouble-free way of living for older people. 

On the other hand, active adult HOA management refers to the oversight of HOAs within senior living communities. Although senior residents enjoy independence, social connections, and activities, they are not always interested in management. As such, many active adult communities are managed professionally by an HOA management company.

An HOA management company helps address active adult developments’ and residents’ unique needs. This company ensures the community is properly maintained and remains a desirable place to call home. While preserving property values is a priority, other objectives include enforcing age restrictions and planning activities tailored to the community’s demographics.

Struggles of Managing an Active Adult Community

Like every homeowners association, an active adult HOA is also led by an HOA board. This HOA board is responsible for overseeing operations and maintenance. In many ways, they function as the leaders of the community, elected by their constituents.

Running an active adult community is no easy task, though. These communities face challenges that tend to differ from other neighborhoods.

For one thing, active adult communities have age restrictions. Usually, the requirement for 55+ percent must be met. Upholding this requirement can come as a challenge, but it’s vital in preserving the community’s identity.

Many active adult communities also boast a busy calendar of activities. Board members must plan the calendar of events right down to the nitty-gritty details and ensure a smooth execution. Beyond that, active adult communities must maintain common areas to ensure health and safety, manage funds, communicate with residents, and resolve disputes that arise.

These things, combined with the members’ personal and professional obligations, can quickly become burdensome. Senior board members who lack the time, energy, and resources to dedicate to active adult HOA management are better off hiring professionals.

Benefits of Active Senior Community Management

When done correctly, active adult HOA management poses several benefits for senior homeowners.

1. Upholding Age Restriction

Although rules can vary from one association to another, one of the defining ones for active adult communities is an age restriction. This restriction can range anywhere from 45+ to 62+, though 55+ is arguably the most common. Some associations may not have age restrictions but cater primarily to the lifestyle of active adults.

The Fair Housing Act makes it illegal to practice housing discrimination based on age. However, 55+ are the legal exception. More often than not, the rules of an active adult community will state that at least 80 percent of households have one or more 55+ residents. The policies and procedures of the HOA must also display the intent to operate as a community with age restrictions.

Professional HOA management ensures compliance with federal housing laws while enforcing these restrictions. This preserves the community’s culture and ensures that it continues to meet residents’ expectations.

2. Planning Activities and Social Events

singing elders | active adult hoa management

Social interaction is a cornerstone of active adult living. Professional HOA management companies can organize events like fitness classes, book clubs, and holiday parties. These activities help foster connections among senior residents, keeping them engaged and active.

Planning events and activities, though, is much easier said than done. A lot goes into it, such as contacting suppliers and vendors, booking venues, sending out invites, promoting the events, and ensuring everything runs smoothly on the event day. For a 55+ HOA board, this can all quickly become overwhelming.

Professional companies are already well-versed in the art of event management. Having planned countless similar events, everything comes as second nature to them. These companies often have strong connections with vendors, suppliers, and the like. This leverages them in a better position to ask for discounts.

A full calendar also encourages residents to stay mentally and physically healthy. They participate in group activities tailored to their interests and needs.

3. Ensuring Smooth Financial Management

Proper financial management is essential to keep the community running. However, it’s also one of the things that most HOAs find difficult. It takes a certain level of skill and knowledge to pull off successfully.

Professional HOA managers handle everything from budget planning and fee collection to tax preparation and financial reporting. This ensures the association stays financially healthy.

For senior members, proper financial management spells transparency and accountability. They can remain aware of where their dues are going. This gives them peace of mind about their investment in the community.

4. Overseeing Rule Enforcement

Consistency is key when it comes to rule enforcement. A professional HOA management company can help enforce the rules and manage violations while ensuring the association keeps liability at bay. A manager can ensure everyone follows the guidelines, including architectural changes, pets, or parking.

Beyond identifying violations and sending out notices, managers can also help carry out penalties. Typically, this involves levying a monetary fine and/or temporarily suspending member privileges. Professional HOA managers can oversee all this while ensuring the association complies with federal and state laws.

5. Managing Amenities and Common Areas

Active adult communities often feature pools, tennis courts, and clubhouses. Proper HOA management ensures regular maintenance and, if necessary, repairs to these facilities. In doing so, residents are safe to use these amenities.

Senior board members can’t always conduct regular inspections, though. Fortunately, an HOA management company can take over, performing inspections, prompt repairs, and preventive maintenance.

6. Mediating Disputes

Conflicts between neighbors or with the board are normal in any community. However, it’s important not to let these disputes fester or escalate, as they can disrupt the community’s harmony. Managers can act as neutral mediators, helping to resolve disputes professionally and efficiently. This promotes a friendly and respectful environment for everyone in the association.

7. Managing Insurance

Active adult communities require comprehensive insurance coverage for common areas, amenities, and liability. Professional HOA managers can review and manage policies on behalf of the board. They can ensure adequate coverage while keeping costs reasonable.

Their duties don’t stop there, though. When it comes to insurance, professional managers can also assist in filing claims should the need arise. This protects the HOA’s finances and helps the community recover quickly from unexpected events or accidents.

8. Maintaining Communication

smiling old woman | active adult hoa management

Clear communication is critical in any HOA setting. Board members must stay in contact with each other as well as the residents of the community. Without proper communication, it is easy for trust to wither. Soon enough, residents will start asking questions and accusing the board of keeping secrets.

With professional HOA management, communication can be a breeze. Managers often use various methods to keep residents informed, such as newsletters, bulletin boards, and online portals. They also handle the administrative work associated with communication, including sending notices and emails. This helps ensure that residents stay updated about what’s happening in their community.

9. Complying With Laws

Homeowners associations must adhere to federal, state, and local laws — and active adult communities are no exception. Keeping up with ever-changing legislation, though, can come as a challenge to senior board members. It is not always easy to navigate through online updates or understand these laws’ legal jargon.

Managers can help ensure that the association complies with current and changing laws. This reduces the risk of liability or legal issues. More often than not, HOA management companies have lawyers on retainer. These lawyers typically have a lot of experience dealing with HOAs and the various laws that affect them.

10. Assisting the Board

Typically, HOA boards in active adult communities consist of volunteer residents. Due to the nature of these communities, these volunteer residents are usually aged 55 and above. Moreover, these residents prioritize their active adult lifestyles, careers, and families, leaving no room for additional duties.

Professional HOA management provides these board members with administrative support, expert advice, and guidance on the best practices in the industry. Management companies can also take over such communities’ day-to-day operations and management. This leaves the HOA board members with the decision-making power and plans for the future.

A Better Option

Active adult HOA management plays a vital role in ensuring the success of senior living communities. Many board members, though, struggle with self-management and would rather dedicate themselves to other ventures. With an HOA management company, boards can delegate the more tedious tasks to professionals.

Personalized Property Management offers active adult community management services around Southern California. Call us at 760-325-9500 or fill out this form if you have any questions!

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HOA Rental Restrictions In California

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Board members should understand the permitted HOA rental restrictions in California. There are penalties for violating the rental laws set forth by the California Legislature regarding homeowners associations.

Are There HOA Rental Restrictions in California?

In California, some laws limit the extent to which a homeowners association can prohibit or restrict rentals within the community. The goal of these laws is to protect the rights of homeowners while simultaneously keeping HOAs in check.

It is not uncommon for HOAs to have rental restrictions. Homeowners often rent out their units or properties to earn extra income, mainly if they’re located in high-tourist areas. However, many renters within a community can have negative effects.

For one thing, long-term residents feel concerned about the increased security issues of transient renters. Associations also have more difficulty enforcing the rules. Beyond that, HOAs also face higher maintenance costs and administrative expenses because rentals need more supervision.

Can HOA Restrict Rentals in California?

Whether or not an HOA can restrict rentals in California depends on state laws. The California Legislature has enacted legislation limiting the power of HOAs when it comes to rental rules.

Here are the homeowners association rental restrictions California communities must know.

No Broad Rental Prohibitions

According to Civil Code Section 4741, an HOA’s governing documents or amendment can’t prohibit, effectively prohibit, or unreasonably restrict the rental or leasing of a unit or property. This includes accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

Individual Room Rentals in Owner-Occupied Units

An HOA can’t prohibit owners from renting out a part of their unit or property, such as an individual room, if the owner occupies the unit or property during the rental period. The other condition is that the rental period is more than 30 days. This is according to Civil Code Section 4739.

Rental Caps Not Below Than 25%

According to Civil Code Section 4741, an HOA can place a cap or limitation on the number of rentals that can exist at any one time within the community to 25% or more. This means that rental caps can’t be lower than 25%. If an HOA has a rental cap below 25%, it must amend its governing documents to increase the cap to at least that percentage. The same applies to an HOA that does not have a rental cap and wishes to enforce one.

Short-Term Rental Prohibitions Allowed

new tenant | hoa rental restrictions in California

California HOA short-term rental restrictions are quite common. Short-term rentals are defined as rentals for a period of 30 days or less.

Civil Code Section 4741 permits an HOA to enforce a rule prohibiting short-term or transient rentals. This is to protect the property values of an HOA, as short-term rentals tend to have a more significant impact.

New Rules Apply to Future Owners

According to Civil Code Section 4740, an HOA’s rental restrictions apply to all future owners. For instance, if an HOA previously did not have a rental cap and only recently enacted one, that rental cap only applies to future owners after the cap was created.

Complying With California HOA Rental Law

Homeowners associations must comply with the HOA rental restrictions in California. According to Civil Code Section 4741, HOAs must amend their governing documents to eliminate any provisions that contradict California’s laws. The deadline was set for July 1, 2022.

Amending governing documents, though, takes quite a lot of effort. It usually requires approval from the membership since it would involve changing the CC&Rs. In such situations, Civil Code Section 4741 gives HOA boards the power to amend and restate the CC&Rs without seeking approval from the membership. Instead, they can use the same process required to amend operating rules.

This exception only applies to this particular circumstance. Board members should still follow due process, including seeking membership approval for any other amendments to the CC&Rs. This expedited process was provided so board members could comply with the law before the due date.

Keep in mind that noncompliance does come with penalties. If an HOA willfully violates Civil Code Section 4741, it is liable for actual damages. The HOA must pay a civil penalty of $1,000.

Adopting California HOA Rental Restrictions

While it is common for HOAs to have existing rental restrictions, some communities have yet to regulate rentals. An HOA must comply with California laws if it wishes to adopt new rental restrictions. Additionally, the HOA must do so using the amendment process for the CC&Rs. This typically requires a vote of approval from the membership.

New HOA rental restrictions in California become effective when they are recorded. They also only affect future owners. Of course, some regulations may not require a vote from the membership to approve. However, it is on a case-by-case basis, so board members should seek legal advice to make sure.

Disclosure of Restriction

According to Civil Code Section 4525, if an association’s governing documents include restrictions on occupancy, residency, or use of a property based on age, owners must notify prospective buyers of these restrictions as soon as possible before transferring the title.

Coastal Associations

Coastal condominium associations looking to impose stricter limits on short-term rentals must account for California Coastal Commission regulations.

The Mandalay Shores Association implemented a rule requiring rentals to last at least 30 days. However, the Coastal Commission ordered the association to stop enforcing the rule. It argued that it constituted a “development” that altered the density and intensity of coastal area usage, requiring a coastal permit. 

While the trial court ruled that the 30-day minimum did not qualify as a “development,” the court of appeal overturned the decision. According to the decision, regulating or banning short-term rentals is a matter for the city and the Coastal Commission, not a homeowners association (Greenfield v. Mandalay Shores).

Due to this case, coastal associations should consult legal counsel when addressing short-term rental issues.

Rental Restrictions HOA California: Homeowner/Landlord Duties

While HOA rental restrictions in California help protect the rights of homeowners, that doesn’t mean they are not without responsibility. California law also stipulates some obligations that homeowners have toward their HOAs.

Owner-Occupied or Renter-Occupied

According to Civil Code Section 4041, members must give the HOA information concerning their preferred and alternative contact methods. Additionally, each member must also let the HOA know whether their property is owner-occupied or renter-occupied. This informs the HOA which properties are being rented out. Members must do this on an annual basis, too.

Tenant’s Name and Contact Details

Moreover, Civil Code Section 4740 requires owners to provide the HOA with the tenant’s name and contact information before they lease their units or properties.

Signed Lease Agreement for Lease Period Verification

rental agreement | hoa rental restrictions in California

Many homeowners associations don’t allow short-term rentals. The only way for an HOA to confirm whether or not a rental complies with this rule is to examine the lease agreement, which contains the lease period. As such, an HOA can ask for a copy of the signed lease agreement to confirm compliance with a short-term rental restriction.

Landlords and homeowners can redact personal and financial information before submitting the signed lease agreement to the HOA. This protects the tenant’s financial and personal details from third parties.

Lease Addendums

Homeowners associations can adopt lease addendums or supplement lease agreements that allocate rent to the HOA if the landlord or homeowner defaults on their dues. If an owner becomes delinquent, their rental income (or a portion of it) will go to the association to satisfy the debt.

When leasing a unit, both the owner and tenant must sign the association’s lease addendum. The addendum requires the lease to cover the entire unit. Assignments or subleases are strictly prohibited. Additionally, the lease term must be at least 30 days.

Tenants must comply with the association’s governing documents and disciplinary rules. The owner must assign unit rental income to the association if they fall behind on payments. Finally, tenants must pay the owner’s dues if the owner becomes delinquent.

Penalties for Noncompliance With HOA Rental Restrictions in California

Homeowners associations must comply with California’s laws on rental restrictions. On the other hand, homeowners also face potential consequences if they violate their HOA’s rental rules, assuming they are lawful.

An HOA can enforce its rental restrictions in several ways. More often than not, those violating these rules must pay a monetary fine. They may also lose their rental privileges or other such rights. However, it is vital to refer to the HOA’s governing documents to understand what authorities the association has when it comes to enforcement.

When it Comes Down to It

The HOA rental restrictions in California are clear and reasonable. Board members must ensure that their governing documents comply with the rental laws. Meanwhile, homeowners must understand that rental restrictions support HOAs in the long run. They exist to maintain curb appeal, community standards, and property values.

Personalized Property Management offers expert HOA management services around Southern California. Call us at 760-325-9500 or fill out this form for more information!

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Is Having Pet Restrictions In HOAs Allowed?

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Pets are an important part of many people’s lives. Dogs and cats often go beyond being pets to becoming part of the family. Homeowners should know that not all HOAs are pet-friendly. What is the rule on pet restriction in HOA communities? Can an HOA ban pets? 

Pet Restriction in HOA: is it Allowed?

Homeowners around the country might have heard that HOAs can generally restrict homeowners from owning a pet. However, these rules are subject to state laws. In California, HOA governing documents cannot ban pets entirely. HOAs must allow homeowners at least one pet within the community, subject to association rules.

In other words, homeowners associations cannot prevent residents from having at least one pet. The term “pet” in California law refers to any domesticated cat, dog, bird, or aquatic animal held in an aquarium. Pets also include other animals that have been agreed upon by the homeowner and HOA.

Can my HOA Make Me Get Rid of My Dog?

If the HOA’s regulations comply with state law and the governing documents allow it, the board may have the authority to ask homeowners to remove their pets. It usually happens when a homeowner moves into an HOA without knowing its pet restrictions beforehand. 

In addition, biting incidents may compel the board to remove a dangerous pet. The CC&Rs may address biting incidents and outline specific provisions covering their consequences. It also happens when homeowners refuse to comply with the rules, and the board files a civil lawsuit in court to ask for injunctive relief. 

Sometimes, homeowners refuse to comply with the court order to remove their pets. As a result, the judge may ask a sheriff to remove the pet by force. The homeowner will then be held in contempt, leading to monetary penalties or even jail time.

What HOA Pet Policies are Allowed?

While homeowners associations in California cannot ban pets completely, they can enforce reasonable restrictions.

1. Number of Pets

woman with many dogs | pet restriction in HOA

Can HOA enforce a pet limit? Yes, homeowners associations may limit the number of pets an owner can keep. Doing so allows the community to limit noise and ensures the health and safety of the people around the area.

However, HOAs should be wary about retroactively implementing the HOA pet limit. According to California law, new rules on pet limits shall not apply to prevent a homeowner from continuing to keep a pet that previously conformed to the governing documents.

For example, let’s say a homeowner has three pets at home. After a board meeting, the HOA implements a new rule limiting the number of pets to two animals. The HOA may not be allowed to force the homeowner to remove one of the pets for compliance because they were previously allowed to keep more than two.

2. HOA Pet Weight Limit and Size

The HOA may impose reasonable limits on a pet’s size and weight. Larger pets may incite fear in the neighborhood and cause disarray. Plus, they’re more likely to cause property damage. Consider enforcing a maximum weight limit of 30 pounds or so. 

3. Breed Restrictions

Homeowners associations can enforce breed restrictions to create order. Some dog and cat breeds are noisier and rowdier than others, so keeping them away makes sense. Meanwhile, some dog breeds, like rottweilers and pit bulls, are dangerous to humans.

4. Waste Disposal

Non-owners often complain about waste left all around the common areas. It’s understandable because animal waste contamination has dangerous consequences on people’s health. They can be hazardous to humans and lead to disease. 

For this reason, many homeowners associations impose rules requiring residents to clean up after their pets. This means they have to clean up cat and dog waste when pets pee or poop in the common areas. Keep in mind that common areas not only include clubhouses and gyms but also parks, roads, and sidewalks.

5. Leash Restrictions

HOAs may require the residents to keep pets on a leash when going out. Unleashed pets can be dangerous to both the neighbors and the pets themselves. The pets can run into oncoming traffic or run away outside the neighborhood.

Some homeowners might claim that their pets are not at all aggressive. However, even the most tamed pets can be unruly or dangerous when triggered. Plus, it’s essential to enforce the policy fairly to all homeowners. Allowing select pets to go out unleashed could create disputes within the HOA. 

If the homeowners insist, the HOA may designate a dog park where pets can roam freely. It’s a good compromise and an attractive amenity for pet-friendly communities aiming to appeal to potential buyers. 

6. Noise Rules

barking dog | pet restriction in HOA

Loud noises are one of the main reasons why communities impose pet restrictions in HOA neighborhoods. To mitigate noise complaints, HOAs can ask residents to submit reports about excessive barking. HOAs can also create rules requiring homeowners to take their pets inside the home at night to insulate the sound. 

7. Pet Registration

Homeowners associations may require the residents to register their pets as part of community rules. Doing this allows them to keep track of how many pets there are in the neighborhood. It also gives the HOA more information about the pets, including their size, age, breed, habits, and vaccination history. Plus, pet registrations make rule enforcement much easier.

HOAs may ask new homeowners to register their pets straight away. Meanwhile, residents currently residing in the community may submit registration forms before buying or adopting a new pet.

8. Liability Policy

One way to protect the HOA from liability is to create a pet liability policy. The goal is to clearly outline who is liable for the injuries, damages, or disturbances the pets may cause. It will protect the HOA from lawsuits and costly legal fees. 

When are HOA Pet Restrictions Not Allowed?

As reasonable as some pet restrictions are, there are exceptions to imposing pet restrictions.

Service Animals

The Fair Housing Act protects people with disabilities and requires HOAs to provide reasonable accommodations for service animals. According to the U.S. Department of Housing and Urban Development (HUD), service animals are not considered pets. They are assistance animals that perform tasks, do work, assist, and offer therapeutic emotional support to persons with disabilities.

This means that even if an animal exceeds the weight and size limit of the HOA, the board cannot prevent the homeowner from having it. The board must also allow service animals in all parts of the neighborhood — including common areas where they are normally restricted. 

In addition, the HOA cannot refuse certain breeds because of HOA rules. The association board must make an exception to accommodate the service animal. However, the board can ask for official documentation. The document should verify that the animal is a service animal, not just a pet. 

Moreover, HOAs may still hold the homeowner accountable for the animal’s bad behavior. They must take responsibility for and control their service animal’s behavior. Homeowners must also follow other applicable rules like leash restrictions and waste disposal. 

When can an HOA refuse a service animal? The only exception is when the animal threatens the other residents’ health and safety — with no alternative accommodation to remedy the problem. Nonetheless, it’s crucial to consult a legal professional and decide things on a case-by-case basis. 

Grandfather Clause

Homeowners associations may enforce new pet policies for succeeding pets and homeowners. However, the new policies may not apply to existing pets. This means that even if the HOA imposes a 30-pound weight limit, it cannot remove existing pets of a higher weight class.

Of course, there are exceptions to grandfather clauses. Exceptions may no longer apply if the homeowner’s animal passes away or is given to someone else. They may also be void if the property changes ownership. It’s also essential to determine which animals are eligible for grandfather clauses and which are not.

How to Enforce Pet Restriction in HOA

Homeowners associations must enforce HOA pet restrictions consistently. The board cannot play favorites and enforce the rules selectively on some animals but not others. If a homeowner violates one of the rules, the HOA can do the following to ensure compliance: 

1. Send a Notice

worried woman | pet restriction in HOA

The board must send a notice of violation to the homeowner. Doing this gives the homeowner time to cure the violation. Most homeowners break the rules unintentionally, so a simple notification is enough to deter future violations. Notices also work for first-time offenses. 

2. Monetary Penalties

Homeowners associations may levy fines on violating homeowners who do not cure the violation on time. The fine must be proportionate to the violation in question. Moreover, some fines can be levied for each day the violation is not cured. Consult the governing documents and work with an HOA manager to create a reasonable fine schedule.

3. Suspension of Rights & Privileges

HOAs may suspend a homeowner’s rights and privileges if they refuse to comply. The board can remove their right to use amenities such as pools, gyms, and clubhouses until they cure the violation.

4. Legal Action

As a last resort, HOAs may take legal action against violating homeowners. Remember that this is a drastic enforcement measure that should not be taken lightly. Lawsuits are often long, cumbersome, and costly, so HOA boards should tread carefully. Save them for major violations that threaten people’s health and a

Know Your Pet Restrictions

HOAs impose pet restrictions to foster a safe and peaceful living environment. In turn, the HOA’s residents can enjoy better curb appeal and higher property values. Home buyers who are considering living in an HOA should understand the pet restriction in HOA communities before moving in.

Personalized Property Management offers extensive HOA management services to associations across Southern California. Call 760-325-9500 or contact us to learn more!

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When Is The Right Time To Consult An HOA Management Company?

holding a miniature house | consult an hoa management company

It takes a lot to operate a homeowners association. The board must enforce the rules, update policies, conduct meetings, collect fees, and work with various contractors. If the responsibilities are too much for the board members, they often consult an HOA management company for help.

What is an HOA Management Company?

An HOA management company is a professional business that can take over a planned community’s operations. HOA management staff work full-time, allowing them to fully focus on community matters. This helps relieve the board members of their burden as most directors work on a volunteer basis.

Apart from dedicated manpower, management companies are helpful because they have years of experience running planned communities. They are familiar with everything related to HOAs including financial management, legal requirements, and even taxation. Moreover, they have well-established relationships with relevant vendors. HOA management companies can connect communities with reliable contractors to help with maintenance, repairs, and even construction.

When Should You Consult an HOA Management Company?

HOA management consultation is a big step for many planned communities. After all, management companies usually charge high prices for their services. When is the time to bring in an HOA management company? Here are some signs a community needs it.

1. Lack of Board Experience and Expertise

man in middle of papers | consult an hoa management company

HOA consulting might be a good idea if the board members need help figuring out where to begin when it comes to managing communities. Hiring an HOA management company might be a better alternative to self-management in these cases.

Otherwise, the board might have trouble with upkeep, financial management, and legal compliance with California HOA laws. The latter two can be costly and even lead to liability.

2. Difficulty Enforcing Rules

An HOA’s governing documents dictate what community residents can and cannot do with their property. They also outline the homeowners’ maintenance and assessment obligations. However, just because the rules are written does not mean the homeowners will follow them.

In fact, many communities struggle with enforcing the rules. The board might not have enough time to inspect the entire community for architectural violations. Alternatively, the board may struggle to create fee schedules and policies that ensure consistent and fair enforcement.

If this is the case, it’s best to hire a management company to help. HOA management companies are well-versed in rule enforcement and even know about local laws. They can not only issue violation notices but also advise the board when there are tricky circumstances to navigate.

3. Fee Collection Problems

HOA management companies are experts at collecting fees, tracking down unpaid charges, and doubling down on delinquent accounts. If the HOA board is struggling to keep up with collections, professional help may be warranted. It’s especially important if the collection issues lead to budget shortfalls, fee increases, and constant special assessments.

4. Poor Quality Vendors

Homeowners associations must hire reliable vendors to keep the community in good shape. Otherwise, the members might complain that the HOA board is not doing its job. It could lead to claims of a breach of fiduciary duty and even legal disputes.

One way to get around this is by hiring an HOA management company. Management companies often have a large pool of vendors to contact within the area. They know who is reliable and who is not. Furthermore, since their relationships are well-established, the management company won’t have problems working with the vendor.

5. Board Burnout

Regardless of how skilled the board members are, managing a planned community with just a few people can be taxing. Board member burnout is quite common and can lead to mass resignations.

To avoid this, HOAs should consult an HOA management company to help them with minor tasks. Doing so allows the board to devote more time to major community projects and pressing issues. 

6. Member Dissatisfaction

Self-management is not always in the community’s best interest. While it can save money, it can lead to dissatisfaction if the board does not know what it is doing. For example, the board may hire good vendors but have poor processes for work orders and maintenance requests. 

In addition, members can sometimes be dissatisfied if they suspect the board is not making the best decisions for the neighborhood. Hiring in a management company brings fresh eyes to the community’s concerns and facilitates better accountability. 

7. Disorganized Record Keeping

Homeowners associations must keep many records to keep the community running. Required records include financial statements, receipts of expenditures, homeowner invoices, payments, membership lists, vendor contracts, and meeting minutes. The HOA board must also keep a record of the governing documents and all their amendments. 

When record keeping becomes disorganized, it can lead to tons of issues. The board may need to remember the promises it has made to the homeowners. They may also need help abiding by the terms of vendor contracts or keeping track of insurance policies. In the worst-case scenario, they may lose records and even lose a lot of money.

A management company can help by organizing all of the community’s paper trail and documents. It can also use specialized software and provide an online portal for easy access. 

8. Lack of Volunteers

holding a green chair | consult an hoa management company

Self-managed communities rely on volunteers to handle the bulk of their operations. Volunteer committees handle architectural reviews, budget planning, and even maintenance.

However, when a community lacks volunteers, it may be time to consider professional management. HOA management companies have several teams of community managers who can dedicate their time and resources to the community. The community can thrive even with a few volunteer members. 

How an HOA Management Company Helps Communities

Consulting with an HOA management company is usually a good call for communities that can afford it. This is because professional companies can help take over most of the HOA board’s responsibilities. These include the following:

  • Agenda creation and meeting minutes recording
  • Meeting scheduling, notification, and facilitation
  • HOA budgeting, accounting, and financial statement preparation
  • Fee collection, account tracking, and delinquency management
  • Common area maintenance and vendor management
  • Receiving, processing, and managing maintenance requests and work orders
  • Board guidance on insurance, legal, and financial matters
  • Rule enforcement
  • Facilitating member communication
  • Dispute resolution

How Much is Professional Management?

HOA management companies have different pricing structures that determine how much a community pays. Generally, though, they often charge a flat fee based on the number of units in the community. On average, the residents should expect to pay $10-$60 per month.

In other cases, HOA management companies charge fees based on a percentage of HOA assessments. For instance, if the fees cost $300 monthly, the management company may take ten percent ($30) from the fees. 

Finally, homeowners associations should expect to pay more if they have more amenities. Management contracts also cost more when there are more units in the HOA. 

What are the Drawbacks of Professional Management?

HOA management companies offer tremendous benefits to communities. However, they are not always fit for everyone. Professional management has its downsides, too. These include the following:

  • Cost. HOA management contracts can cost a lot. Homeowners will have to pay higher HOA fees to cover the cost.
  • Less Control. HOA board members may have less control over the community’s operations. The HOA management company becomes more involved in daily operations and may make choices without approval from the board.
  • Homeowner Issues. HOA management companies may not be as empathetic toward the homeowners as the board members. The company’s decisions may not consider the residents’ feelings or wants as much, leading to disputes.
  • Overzealous Enforcement. HOA management companies often implement rule enforcement processes to make things more efficient. However, this efficiency can sometimes lead to overzealous enforcement that drives potential residents away.

Can Self-Management Work?

Many communities choose professional management to boost quality of life and make processes more efficient. But, are there cases wherein self-management can work? Can board members truly do everything themselves?

To put it simply, yes, self-management can work for some communities. However, whether it will work for a community depends on several factors, including:

  • Size. Smaller communities can get by with self-management as there are fewer units to inspect and few amenities to manage.
  • Budget. Self-management may be better for communities with little room in the budget to hire an HOA management company or HOA manager.
  • Desire for Control. HOA board members who want full control over community matters may choose self-management. The board can better implement its vision for the community without third-party involvement. 
  • Number of Volunteers. HOAs with plenty of willing volunteers can make self-management work. The HOA can create committees that handle different aspects of community life like vendor management, landscaping, and architectural review. 
  • Access to Tools. Communities may be able to get by using just HOA software. Good software will help the board manage meetings, enforce rules, collect fees, and even manage work orders. 

Find a Reliable HOA Management Company Today

Homeowners associations should recognize when it’s time to consult an HOA management company. Make sure to watch out for the tell-tale signs that the board is not enough to sustain the community’s operations. Otherwise, the HOA may face financial issues and struggle to survive.

Personalized Property Management provides top-tier HOA management services to Southern California communities. Call us at 760-325-9500 or leave us a message!

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Are Condo Fees The Same As HOA Fees?

handing a key to couple | condo fees

Condominiums and single-family homes or townhouses have a lot of differences, but it’s not just the vertical and horizontal orientation that is different. These communities also differ in the amount of HOA fees they charge. Condo fees are typically much higher than the average homeowners association fees. Moreover, condos use them for more than just upkeep.

What is a Condominium?

Condo fees differ because condominium complexes work differently than regular subdivisions with single-family homes, townhomes, or duplexes. What is a condominium exactly? Simply put, a condominium is a private residential building with multiple units. Each unit is sold separately to buyers for residential purposes.

Apart from dwelling spaces, condominium owners share common amenities such as gyms, co-working spaces, and swimming pools. The condominium owners pay various contractors and staff to maintain these facilities. Condominiums are a popular choice because they offer a wide range of amenities.

Conversely, unlike other planned communities, condominium owners often share other elements like plumbing, electrical, and HVAC systems.

What is an HOA Community?

Homeowners association communities, unlike condominiums, are developed horizontally. HOA communities consist of several single-family homes on a large plot of land. Like condo associations, HOAs may have shared spaces and amenities like clubhouses, pools, and tennis courts. 

In addition, HOAs often have community rules that govern property use and maintenance obligations. The homeowners must abide by a certain maintenance standard, or they will be penalized. HOAs also have strict rules about where to park their cars, what decorations they can put up, and what architectural changes they can or cannot make.

What are Condo Fees for?

Condominium complexes require a lot of upkeep. Not only do condos have recreational facilities like gyms or pools, but they also have tons of shared spaces. These include condominium hallways, balconies, patios, roof decks, elevators, staircases, and even parks. Condominiums also have shared roofs, pipes, electrical wiring, and HVAC systems. Condo fees are the charges unit owners pay for all of the condo building’s maintenance. 

Additionally, condo fees pay for all of the condo’s operations. Condos could not operate without security, cleaning, and administrative staff. They also require insurance and access to trash disposal, snow removal, and sewage or water services. Moreover, some condos provide shared utilities like internet, heating, and air conditioning. 

Finally, condo associations in California are required to conduct reserve studies to set aside funds for emergencies and major repairs. Condo association boards divide the burden among all the unit owners so everyone contributes to the reserve funds. 

Condo Fees vs HOA Fees: Breaking Down the Differences

What makes condo fees different from HOA fees? Here are the key factors that set them apart.

1. Different Ownership Structure

residential place | condo fees

Condominium owners own their units individually and have joint ownership over the common elements. In contrast to condos, homeowners in an HOA individually own their units, but the one that owns the common areas is the association itself.

While HOA fees help maintain HOA property, condo fees support common property. This difference in ownership explains why condo association fees are different.

2. Higher Fees

The average condo association fee is much higher than that of regular associations because condo owners must pay to repair the entire building in addition to the common areas. On the flip side, homeowners associations only need to pay to maintain shared spaces like roads, sidewalks, and amenities. The homeowners are left to take care of their own homes.

3. Division of Assessments

Homeowners associations divide assessments equally among all homeowners. They all have equal access to the community’s facilities and shared spaces. The only exception is usually when a few homeowners have exclusive access to limited common areas. Meanwhile, condo associations follow a different system to compute assessments.

Condo associations do not always split the costs evenly among all the unit owners. Members with larger units often have larger ownership over the common elements. As a result, they may pay higher condo association fees because they have bigger responsibilities. 

4. Coverage

indoor pool | condo fees

Condo associations charge fees for various reasons. They typically cover the following:

  • Maintenance of common facilities and recreational amenities like lounges, courtyards, and swimming pools
  • Landscaping within and around the grounds
  • Maintenance of the building’s exterior walls, roads, and roofs
  • Provision of services like wastewater management, recycling, and security
  • Parking lot maintenance
  • Master insurance policy
  • Staff salaries
  • Reserve fund allotment
  • Utilities like heating, air-conditioning, and internet

While homeowners association fees cover similar things, their amenities, and shared spaces are often different. HOA common areas usually include walking trails, parks, clubhouses, and roads. Additionally, while many offer services like trash disposal and snow removal, only some will cover security and utilities.

How Much are the Average Condo Fees in California?

The average condo HOA fees in California range between $300 and $400 monthly. However, some condo associations may charge much higher fees depending on the number of units, amenities, and common elements. The condo’s location and its services also play a role in determining the fee amount.

If a condo is located in an accessible area or with a higher cost of living, they may charge higher condo fees. Similarly, condos with better or more luxurious amenities typically charge more. 

Apart from these, condo fees depend on the association’s financial health. Financially healthy condo associations can afford slightly lower fees if they have other income streams or enough money in the reserves. Meanwhile, condos with poor financial management may suffer from constant fee increases and special assessments. 

What is a Condominium Special Assessment?

Condo associations levy monthly fees to cover the cost of operations. When the money they’ve collected is not enough, the board may charge a condo special assessment.

Special assessments are often used to cover the cost of operations that normal fees could not cover. The board may also levy special assessments if the association needs more reserves to cover repairs from natural disasters or emergency maintenance.

Additionally, some condos charge special assessments to cover the cost of unexpected litigation. For example, one of the unit owners may file a lawsuit against the board for what they think is an unfair violation notice. Legal battles are not only long but also costly. The board may end up levying a special assessment if they do not have enough money to pay legal fees.

What are Condo Fines?

Both homeowners associations and condominium associations have rules about property use and conduct. One main way associations enforce the rules is by levying fines. After all, unit owners are less likely to break the rules if they know they have to pay money for a violation.

Condo fines are the condo equivalent to HOA fines. However, most condo associations have fewer rules regarding property use and architectural improvements. Hence, they may not use fines as often as homeowners associations. Regardless, unit owners can review their governing documents—particularly the CC&Rs and bylaws—to understand how and when the association may levy fines. 

It’s important not to confuse fines with fees. Fines are charges levied only because of violations. Meanwhile, fees are monthly charges everyone has to pay to maintain the condo building. Unit owners must pay both, but they differ in purpose, amount, and frequency. 

Why do Condos Charge Fewer Fines Than HOAs?

Unlike homeowners associations, condominiums have little room for exterior architectural changes. Unit owners rarely redesign their condo exteriors because they only face long hallways. Meanwhile, homeowners can get more creative when decorating or outfitting their homes in a single-family or townhome community.

In addition, homeowners in HOAs have more to maintain. They must mow their lawns and ensure their fence and home exterior paint are in good shape. They may be penalized if they do not maintain these according to the HOA’s standards. On the other hand, condo unit owners have less to maintain in their exterior.

Frequently Asked Questions

Can Condo Fees Increase?

Yes, condo association fees can increase if necessary. California law requires fee increases to be approved by a majority vote if they are above a certain percentage. 

Do Unit Owners Need to Pay the Fees?

Yes, condo owners must pay their association fees. The fees are legally binding upon the unit owners the moment they purchase a unit from a condo association.

Understanding Condo Fees

Many people assume that HOA and condo fees are the same. However, they differ in many ways. Homeowners can expect to pay much more when living in a condo. Due to the shared nature of their infrastructure, condominiums have much more ground to cover and offer more services.

Personalized Property Management provides a wide array of condo management services to condominium associations in Southern California. Call us at 760-325-9500 or leave us a message.

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