Living in an HOA community offers many benefits, but it also comes with rules, responsibilities, and occasional conflicts. Here are tips on how to navigate life in an HOA, including how to manage disputes, stay involved in the community, and know when it might be time to move on.

Throughout this guide, we have included expert advice from the founder of  The CASA Alliance, Vicki MacHale, a 30+ year veteran of the community association industry.

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How to Stay Involved & Hold the Board Accountable

Being engaged with your HOA can make a significant difference in the community’s overall functioning. Here’s how to stay involved and ensure the board is operating fairly:

 

Attend HOA Meetings

  • Monthly or Quarterly Meetings: Attend HOA meetings to stay informed about community issues, rule changes, and upcoming projects. Meetings are an excellent opportunity to voice your concerns and hear directly from the board.
  • Speak Up: Most HOA meetings allow homeowners to speak for a set time. Use this opportunity to share your opinions, ask questions, or present new ideas. Stay respectful, but assertive.

Homeowner raising a question at an HOA meeting

 

Join a Committee or the Board

  • Volunteer for Committees: If you want a more active role, consider joining an HOA committee (e.g. architectural review, landscaping, or social committees). Committees help shape decisions on specific issues, and being on one provides a deeper understanding of how the HOA operates.
  • Run for the Board: If you’re particularly passionate about how the HOA is managed, consider running for a position on the HOA board. Board members make crucial decisions, from budgeting to rule enforcement, so getting involved at this level gives you direct influence.

HOA committee meeting

 

Hold the Board Accountable

  • Review Meeting Minutes and Financial Statements: You can request the HOA’s financial reports and meeting minutes to ensure funds are being spent appropriately and the board is fulfilling its duties. You also have the right to request a copy of the HOA’s reserve study.
  • Request Transparency: Hold the board accountable for its actions. If they’re not providing clear communication, not addressing important issues, or not following the rules, you have a right to push for transparency and change.
  • Get Fellow Homeowners Involved: If you’re concerned about the board’s actions, talk to your neighbors. If many residents share the same concerns, strength in numbers will help your concerns get heard and bring about change.

A frustrated homeowner reviewing her HOA's CC&R's and budget

 

How to Manage an HOA Dispute

Conflicts with the HOA or neighbors can arise for a variety of reasons, from rule violations to disputes over maintenance issues. Here’s how to handle HOA disputes effectively:

 

Understand the Rules and Regulations

  • Read the CC&Rs (Covenants, Conditions, and Restrictions): Before engaging in any dispute, make sure you fully understand the community’s rules. The CC&Rs should provide clear guidance on what’s allowed and what’s not.
  • Check Meeting Minutes: Sometimes, conflicts arise because of changes in policy. Review meeting minutes to understand recent decisions and their impacts.

MacHale gives an example of the importance of fully understanding current and past circumstances:

Make sure accusations like, “this is arbitrary enforcement,” are grounded in fact in not emotion. You typically don’t know if those other yards that look worse than yours are actually being enforced upon also, with slow results. Architectural type issues can leave room for decisions that may seem arbitrary, but can actually be based upon criteria you may not be aware of—a pizza kitchen abutting a native area where there is an increased threat of fire.

MacHale expounds on the importance of objectively understanding the rules:

Reason is always on your side. Gather the information, know the actual law or rule – not what you perceive it to be. If a guideline is written into the CC&R’s and it upheld through statutes, the board, even if they want to, may not be able to approve your request.

In cases where there is a rule based upon the interpretation of the CC&R’s that would allow for change via a homeowner petition, i.e. – Garages must be maintained to house the number or vehicles for which it was intended – provides a lot of leeway to a board in the adoption of a rule. If their rule is, “You must always park in the garage, driveway parking is prohibited.” This allows for a challenge through the petition process in calling a special meeting which will allow owners to vote. If the CC&R’s state, “Owners shall park in their garage.” There is no room for leeway without a CC&R change, which is much more difficult and much more costly.

 

Communicate Professionally

  • Start with Dialogue: If there’s an issue, approach the HOA board or property management company calmly and respectfully. Often, disputes can stem simply from misunderstandings that can be resolved with clear communication.
  • Document Everything: Keep a record of all communications, including emails, text messages, letters, and meeting notes. This documentation can help resolve the issue more quickly and serve as evidence if the dispute escalates.
  • Follow Up in Writing: Always follow up with a formal written statement or email summarizing any discussions. This provides a paper trail that could be useful if the issue isn’t resolved to your satisfaction.

MacHale emphasizes to keep the following in mind:

Never attack the board or management. Yes, these are emotional issues, but if you are combative, you are much less likely to receive any concessions. Put everything in writing and request written responses. If it is a rule that is in accordance with the governing documents, the board has the authority to enforce it.

 

Work Within the HOA’s Process Framework

  • Attend Meetings: Many HOA communities hold regular meetings where homeowners can express concerns. Attending these meetings is one of the best ways to get your voice heard.
  • File a Formal Complaint: If informal communication doesn’t work, consider filing a formal complaint through the HOA’s established procedures. This ensures that your concern is officially recognized and documented.
Neighbors discussing concerns at an HOA meeting

Neighbors discussing concerns at an HOA meeting

 

Consider Mediation or Legal Help as a Last Resort

  • Mediation: If communication breaks down and the issue persists, consider professional mediation. A neutral third party can help resolve disputes without going to court. Some HOAs even offer mediation services as part of their conflict resolution process.
  • Legal Action: As a last resort, homeowners can take legal action if the dispute involves a violation of their rights or unlawful practices by the HOA. Consult a real estate attorney familiar with HOA laws for advice.

MacHale provides the following guidance:

Request Informal Dispute Resolution and go in with an open mind. This often can work to your benefit, especially if the issue leads to a true legal dispute down the road. You always want to appear reasonable, and emotional outbursts or threatening communications seldom work to your benefit. If you truly feel as if you are being targeted or treated unfairly, then speak to an attorney who knows the specifics of your state’s HOA laws.

 

How to Leverage Reputable Outside Help

Sometimes, you may need help from professionals outside the HOA to resolve issues or improve the community. Here’s an overview of the most common types of external resources that can provide valuable assistance to your HOA:

 

Property Management Companies

  • Professional Property Managers: If your HOA is struggling to manage its operations, it may be worth hiring a reputable property management company to handle day-to-day tasks. A good property management company can streamline operations, manage finances, and resolve maintenance issues effectively.
  • Consulting Services: If the board is making decisions that affect property values or community standards, consider hiring a consultant who specializes in HOA governance to review the board’s policies and suggest improvements.

 

Legal and Real Estate Professionals

  • Real Estate Attorneys: If you’re involved in a legal dispute with your HOA, or if the HOA is not adhering to state laws or regulations, a real estate attorney with experience in HOA law can help you navigate the situation.
  • HOA Dispute Lawyers: Some attorneys specialize in disputes between homeowners and HOAs. These lawyers can assist with complex issues such as rule enforcement, contractual obligations, or collection of fees.

MacHale adds this important context:

Often, especially in states where there are specific bodies of law for HOAs, real estate attorneys can actually hurt more than they help, as they do not sufficiently understand the law. If at all possible, find an attorney who specializes in HOA law for the state you are in. 

 

Mediators

  • Professional Mediators: If a dispute arises with the HOA or your neighbors, a professional mediator can help facilitate a fair and constructive dialogue. Mediation is often quicker and more cost-effective than legal action.

 

Community Organizations

  • Homeowners Association Advocacy Groups: Some advocacy groups focus on ensuring fair practices within HOAs and can offer resources, advice, and legal support for homeowners. They can help you understand your rights and offer guidance when dealing with a problematic HOA.

 

Signs It May be Time to Sell

While life in an HOA community can be great for many people, it’s not for everyone. If your HOA experience is consistently negative, you might want to consider selling your home. Here are common signs that it may be time to sell your HOA home:

Two long-time neighbors hugging goodbye

Two long-time neighbors hugging goodbye

 

Ongoing Conflicts with the HOA

  • Consistent Disputes: If you find yourself constantly at odds with the HOA and its board, and if no resolution seems forthcoming, it can be draining and unpleasant. Continual conflict might affect your quality of life and peace of mind.
  • Unresolved Issues: If maintenance issues, financial concerns, or rule enforcement problems remain unresolved over an extended period, despite your efforts to address them, it might signal that the HOA is too poorly managed to improve.

Homeowner complaining on the phone to her HOA

 

Unreasonably High Fees

  • Unwarranted Fee Increases: Frequent and unjustified fee increases without corresponding improvements to the community could indicate mismanagement or lack of financial oversight. If you’re paying more than you’re getting in return, it might be time to evaluate your options.

MacHale adds context to what has been driving assessment increases in recent years:

Because many associations have failed to adequately fund reserves, many states are increasing legislation which is requiring boards to perform certain inspections and/or begin to build their reserves. Add to that, an insurance crisis, where low reserves, or unmaintained communities cannot obtain insurance without addressing these issues, and we are beginning to see large assessment increases and/or increasing numbers of special assessments. This is why it is so important for both prospective buyers and current owners to understand what they are reading when going through HOA documents. 

 

Lack of Community Cohesion

  • Toxic Environment: If the community has become fractured, with many homeowners unhappy or disengaged, it can create a tense atmosphere that detracts from your living experience. Similarly, a dysfunctional HOA board can create division, making it difficult for residents to enjoy their homes.
  • Overbearing Rules or Enforcements: If you feel the HOA’s rules are too restrictive or overzealous and there’s no room for flexibility, it could become too stifling. If the community is constantly enforcing nitpicky rules, this can become exhausting and frustrating.

Hostile, dysfunctional HOA meeting

 

Declining Property Values

  • Property Values Decrease: If the HOA isn’t properly maintaining the common areas or enforcing rules that protect property values, your home’s value may be negatively impacted. If you see a consistent decline in property values in the neighborhood, selling before the value decreases further may be a wise choice.

Homeowners getting ready to move from their HOA community: empty moving van in suburban neighborhood

 

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