HOA Tree Trimming Policies: Avoiding Neighbor Fights

admin on March 17, 2025

Trees add beauty, shade, and value to a neighborhood. But sometimes, they can become safety hazards and create issues between neighbors. When that happens, your association needs to have a clear HOA tree trimming policy, which helps to prevent misunderstandings and maintain harmony within the community.

HOA Tree Trimming Responsibilities: Who Does What?

Your HOA’s governing documents will contain the rules you must follow regarding tree maintenance. With these policies, you can ensure the community’s landscaping adds to the beauty and safety of your neighborhood. 

Your governing documents will outline who is responsible for trimming trees in certain areas of the community, how often tree trimming should occur, and the repercussions of non-compliance. 

Here’s what homeowners and HOAs are responsible for when it comes to tree maintenance:

Homeowner Responsibilities

roof damaged by tree | hoa tree trimming

In most HOAs, the residents are in charge of tree maintenance within their private property. Part of this upkeep is ensuring branches don’t extend into your next-door neighbor’s yard. They should also ensure branches don’t block driveways and sidewalks, rest on power lines, or pose a safety hazard.

Homeowners also have to trim trees regularly to avoid excessive leaf shedding. It’s also good practice so you don’t have to worry about damaging fences, roofs, or even plumbing systems. 

If you have a diseased or dying tree on your property, you, as the homeowner, are responsible for getting rid of it before it becomes a safety risk. 

Many HOAs require residents to follow a specific set of rules for tree upkeep. If they neglect their responsibility or go against the rules, disputes may occur, and potential penalties may be imposed.

HOA Responsibilities

On the other hand, your HOA is responsible for maintaining trees in common areas. These may include the parks, sidewalks, gates and entranceways, and any other shared green spaces in the neighborhood.

The HOA needs to regularly trim the trees in these areas to avoid damages or disruptions. It should have seasonal tree maintenance schedules. For large-scale upkeep, they can work with professional landscaping surfaces.

The HOA should be in charge of removing dead and diseased trees in common areas. In non-emergency cases, they will need to seek local government or homeowner approval. But if the dead tree is an immediate safety risk, the HOA is often allowed to remove it without prior approval.

City or County Responsibilities 

Sometimes, the local government has jurisdiction over tree maintenance near roads, sidewalks, and public rights of way.

Municipalities or cities are usually in charge of trimming trees along public roads. They need to ensure that traffic signals, road signs, and visibility are not obstructed for both drivers and pedestrians. In some cases, ordinances are passed outlining tree upkeep and the proper way of reporting or removing dead or dangerous trees. 

HOA Tree Removal Policy: When is it Necessary?

Trimming trees should be part of routine maintenance. Some cases, however, call for a full removal. For this, the HOA tree removal policy and process usually varies by community, but they typically include conditions under which a tree must be removed. These may be the following:

  • Dead or dying trees that pose a safety risk
  • Trees causing structural damage to sidewalks, driveways, or homes
  • Trees that block roadways, sidewalks, or interfere with utility lines
  • Invasive species that threaten native plants or local ecosystems

In most HOAs, residents need the association’s approval to remove trees. This is usually needed when removing trees that can affect the neighborhood’s look or when removing heritage trees. People who remove trees without approval may face penalties. 

Dealing with Untrimmed Neighbor Trees

man looking a the window | hoa tree trimming

One of the most common complaints in HOAs involves a neighbor’s overgrown trees. A homeowner may wonder, “My neighbor doesn’t trim his trees—what can I do?” In most cases, the HOA’s rules will dictate how such disputes should be handled. Here are a few common approaches:

  • Direct Communication: Residents can first try talking to their neighbors about the overgrown tree. Usually, a polite conversation can easily resolve the issue without escalating further.
  • HOA Intervention: If politely asking your neighbor doesn’t work, the association may mediate the issue. The HOA may step in by issuing a notice to the homeowners reminding them of their obligations under community guidelines.
  • Legal Rights: In many states, homeowners have the right to trim branches that grow onto their property as long as they do not destroy the tree’s health. However, the specifics vary by location, so it’s best to check state and local laws.

The Impact of Trees on Pedestrians and Safety Considerations

Overgrown trees typically pose safety risks on top of aesthetic issues. Untrimmed branches may:

  • Obstruct sidewalks and force pedestrians into the street
  • Block stop signs or streetlights, reducing visibility
  • Increase the risk of falling branches during storms

HOAs should ensure that community trees are regularly maintained to prevent these hazards. If a homeowner’s tree interferes with public safety, the HOA may require them to trim it or, in extreme cases, arrange for the work to be done and bill the homeowner.

Enforcing HOA Tree Trimming Policies

To maintain order and prevent disputes, HOAs must enforce tree trimming policies consistently. Some best practices include:

Routine Inspections

Regularly checking the neighborhood for tree-related issues can help prevent problems before they escalate. As a best practice, your HOA needs a structured inspection schedule. This will ensure that trees in both common areas and private properties are evaluated at least once or twice a year. 

During inspections, HOA representatives or hired arborists can identify trees that pose safety risks, block public pathways, or encroach on neighboring properties. Routine inspections allow HOAs to address issues proactively before they lead to disputes among homeowners. 

If hazardous conditions are found, the HOA can issue maintenance notices to responsible homeowners, ensuring that problems are resolved on time.

Clear Guidelines

Providing homeowners with written guidelines on tree maintenance expectations can reduce confusion. These guidelines should specify trimming frequency, acceptable tree heights, and regulations regarding trees that extend into neighboring properties. The HOA should also outline procedures for handling disputes involving tree overgrowth and penalties for non-compliance. 

Having clear policies in place ensures that all homeowners understand their responsibilities and rights regarding tree maintenance. Many HOAs distribute these guidelines in welcome packets for new residents and publish them on community websites or newsletters to keep homeowners informed.

Fines and Penalties

a red card | hoa tree trimming

If a homeowner refuses to comply with tree trimming requirements, the HOA may impose fines or, in some cases, hire a professional to trim the trees and charge the homeowner for the cost. Penalties can escalate based on non-compliance severity, starting with warning notices and increasing to monetary fines if the homeowner fails to take action. 

In extreme cases where an untrimmed tree poses a danger to the community, the HOA may handle the trimming directly and send the homeowner an invoice for the incurred costs. 

Some HOAs also place liens on properties if fines remain unpaid, ensuring compliance through financial accountability. Enforcing penalties fairly and consistently helps maintain community standards and prevents ongoing disputes over tree maintenance.

Safety and Harmony

Tree maintenance is a crucial aspect of living in an HOA community. If your HOA lacks a well-defined tree trimming policy, now is the time to prevent future conflicts and keep your neighborhood looking its best.

Freedom Community Management provides HOA management services in Florida, including HOA policy enforcement. Call us at 904-490-8191 or contact us online to learn more!

How To Handle Noise Complaints In Your HOA And Avoid Conflict

admin on March 17, 2025

In an HOA community, you will encounter noise complaints from one homeowner against another. It’s one of the most common disputes in many neighborhoods. Unresolved noise disputes can lead to tension between neighbors and, if not handled correctly, may escalate into legal challenges. 

Understanding Noise Complaints in HOA Communities

Noise that’s bad enough can be caused by many things in HOA communities. It may be caused by loud music, construction work, or dogs barking. Condo noise complaints can even be caused by neighbors walking or stomping around loudly. 

Yes, some level of noise is inevitable, but excessive or disruptive sounds can negatively impact the quality of life of the people around you.

To ensure peace and harmony in the community, the HOA needs to find a balance between homeowner rights and keeping the neighborhood quiet. For this, you will need a strategy for handling noise complaints.

Establishing and Communicating HOA Noise Rules

Having clear, well-defined noise rules is crucial for handling noise complaints properly. Most HOAs probably already have them, but it’s always good practice to review or update them to ensure community harmony.

When creating HOA noise rules, you should define daily quiet hours. This helps prevent noise-related disturbances late at night or early in the morning. 

Additionally, you should make policies and restrictions covering loud outdoor activities, such as construction and yard work. If you’re in a condo, you may also create policies about indoor noise, like TV volume and using musical instruments. 

After creating a policy, your HOA needs to notify all residents about it. 

Handling HOA Noise Complaints Effectively

As part of the HOA board, how should you handle noise complaints? Here are some of the best practices that you can follow:

Establish a Formal Complaint Process

talking women | noise complaints in hoa

Like any other dispute, the HOA needs a process for mediating noise complaints. A structure simplifies the investigation, helping solve the dispute quickly and fairly.

This process usually starts with a homeowner filing a written noise complaint. The document they submit needs to contain key information about the incident, including the date, time, location, and description of the noise. 

Additionally, complainants are encouraged to record repeated disturbances. They can do this by keeping a log or recording the noise. This provides the HOA with important evidence that they can use when assessing the situation.

Investigate the Complaint

After receiving the complaint, the HOA needs to investigate. The board needs to review what was filed and, if needed, gather additional information. During this step, you can contact the complainant to clarify the issue. To handle disputes reasonably and formulate how to proceed, the HOA needs to understand the root of the complaint. 

The complainant’s testimony is only one side of the picture. It can also help to check with other residents. If more residents confirm the report, it adds more credibility to the complaint. On top of that, having multiple perspectives also gives you a bigger picture of the dispute. 

Other than witness accounts, you can visit where the noise complaint incident happened in person. This will let you assess the noise level firsthand, ensuring a fair and objective evaluation of the situation.

Issue a Warning or Mediate the Situation

Once you determine the report is validity, your HOA needs to send a polite but firm warning to the offending party. You can do this via a written notice explaining what policies they violated. It should also include a reminder of the HOA noise and quiet hours rules while encouraging compliance.

If the offender doesn’t stop, it might be time for mediation. A neutral third party should be able to help conduct a conversation between the two. Through mediation, the residents have a way to express their concerns and the opportunity to find a solution to their problems.

Enforce HOA Noise Policy

neighbor complaint | noise complaints in hoa

If warnings and mediation do not resolve the complaint, the HOA will likely need to take enforcement action. The most common way to do this is by imposing fines and penalties, especially for repeat offenders. In more serious cases, penalties may include losing access to HOA amenities or a property lien. 

The penalties your HOA can impose are usually outlined in the community’s governing documents. 

In the worst cases, your HOA may be forced to issue a cease-and-desist order. This would formally require the offender to stop disruptive activities. If they insist on continuing to disrupt even with multiple warnings, fines, and penalties, you might be forced to escalate and pursue legal action. Some steps you can take include seeking an injunction or filing a lawsuit.

Do remember that legal action should be your last resort. However, extreme cases of disruptive behavior can severely impact the entire community, making legal action necessary.

Preventing Future Noise Disputes

With certain measures in place, your HOA can minimize noise-related conflicts in the neighborhood. 

One such way is to educate residents about noise and disturbance-related policies. You can also provide tips on striking a balance between enjoying your space and disrupting others. Sharing this type of information can be done in numerous ways. You can give out pamphlets, write about it in a newsletter, or even conduct seminars.

Your HOA can also host meetings that allow residents to discuss concerns and share opinions. Open dialogue will help residents understand each other better and allow for collaboration to address noise disputes before they escalate.

Of course, reviewing and updating noise policies is also a best practice. Your HOA needs to ensure that all policies align with the neighborhood’s evolving needs. 

Keeping the Peace

Handling noise complaints in HOA communities requires a balanced approach that respects the rights of all residents while maintaining a peaceful environment. A well-structured noise policy and good community engagement ensure that all residents can enjoy their homes without persistent disturbances. 

Freedom Community Management provides HOA management services in Florida, including HOA policy enforcement. Call us at 904-490-8191 or contact us online to learn more!

HOA Meeting Etiquette: Rules For Respectful Discussions

admin on March 17, 2025

Having HOA meetings is an integral part of running the community. They provide a venue for board members and homeowners to communicate, discuss issues, make decisions, and collaborate on community improvements. Like with any means of communication, HOA meeting etiquette is only productive if you maintain it.

Understanding HOA Meeting Etiquette

HOA meeting etiquette signifies a common code of positive behavior. Having this maintains a peaceful atmosphere during meetings that encourages constructive discussions while preventing unnecessary conflicts. Applying to both board members and homeowners, following these protocols can significantly improve the meeting experience.

1. Come Prepared

signing a paper | hoa meeting etiquette

If you want to have an effective and productive HOA meeting, you need to prepare for it. The first way to do so is by reviewing the agenda beforehand. This will help you understand what will be discussed and give you time to think of constructive contributions. It will also allow you to prepare any relevant documents that may help.

2. Be Punctual

You should also arrive on time for an HOA meeting. Being punctual shows that you respect the time of everyone attending. It also prevents any disruptions and distractions that may arise when you enter the meeting room late. 

Of course, sometimes tardiness is unavoidable. If you expect to be late, it is common courtesy to notify the board in advance.

3. Adhere to HOA Board Room Protocol

In any HOA, there should be board room protocol, which is followed to ensure meetings run smoothly and orderly. Both board members and homeowners must understand this protocol during an HOA meeting. 

Part of the protocol is following the agenda planned and set before the meeting. This keeps the flow of the discussion structured and ensures that all necessary issues are discussed. 

Another part is how the flow of communication should go throughout the meeting. As homeowners, you should address the board through the designated meeting chair. Additionally, don’t disrupt anyone speaking by making side comments. Showing respect for another person’s speaking is both proper and keeps the discussion productive.

4. Maintain HOA Board Room Decorum

What exactly is HOA boardroom decorum? In simple terms, this is the standard of behavior expected of you when you attend meetings. 

One part of decorum people overlook is the way they dress while attending meetings. If you go to a meeting, make sure to dress properly, especially if it is in person. This helps maintain a professional atmosphere.

When speaking during a meeting, keep it professional. Meetings are not venues to air personal attacks or derogatory remarks to other residents you may have an issue with. Always keep discussions respectful and constructive. 

To avoid misunderstandings, always keep your language and tone neutral. This helps prevent any misunderstandings that may lead to unnecessary issues. Additionally, avoiding raised voices or heated arguments contributes to a respectful and collaborative environment.

5. Engage in Constructive Discussions

Meetings provide the opportunity for every member of the HOA to express concerns and propose solutions. Given this, the meeting needs to stay focused on the issue at hand to ensure that discussions are productive. 

With this, if you’re part of the discussion, it would be better to offer solutions instead of just pointing out problems everyone already knows. This helps the discussion move forward.

You should also stay open to other people’s perspectives and opinions. Try to collaborate and find a solution that can benefit the entire community. 

6. Respect the Decision-Making Process

A constant part of HOA meetings is decision-making. Usually, this will come as a resident vote. Sometimes, what you want may not be what the majority wants. It is important to respect the decision-making process, even if you do not prefer the outcome.

In line with this, homeowners should also know how voting is conducted and how the HOA is sticking to the process. This helps with both transparency and fairness. 

However, if you find anomalies with the process or think what was decided would do harm, don’t voice your concerns in a disruptive manner. Instead, think of constructive ways to revisit the issue in future meetings. Also, bring your concerns to the board through formal communications. 

7. Follow Proper Communication Channels

Since time is limited for HOA meetings, don’t expect all issues and disputes to be addressed. If they don’t concern most of the community, bringing them up during the meeting may not be appropriate. Instead, try to use other forms of communication. 

Try to use the proper communication channels your HOA has set up for personal or individual concerns. This gives the HOA board the proper means and time to review those concerns instead of squeezing them into the agenda. 

8. Handle Conflicts Diplomatically

angry woman | hoa meeting etiquette

Disagreements are natural, but handling them with diplomacy helps keep meetings productive. Listening actively to opposing viewpoints also develops understanding. 

Seeking common ground and focusing on what benefits the community leads to more effective conflict resolution. By approaching disputes with a constructive mindset, participants can work toward solutions instead of creating unnecessary tension.

9. Respect Time Constraints

HOA meetings have an agenda to follow. Part of this agenda is time limits for the topics discussed. It is only proper to follow those time limits in an HOA meeting. It helps keep the discussions and meeting process flow properly. It also shows how you respect every person’s time in the meeting. 

To save time, try to avoid repeating issues or points already said. Also, avoid trying to monopolize the discussion so that everyone can participate. 

10. Adhere to Meeting Rules and Regulations

Each HOA has bylaws and governing documents that outline meeting procedures. Familiarizing yourself with these rules ensures compliance and prevents disruptions. Reviewing the HOA’s governing documents regarding meeting protocols provides clarity on expectations. 

Following established parliamentary procedures, such as Robert’s Rules of Order, helps maintain order. Understanding the homeowners’ rights and responsibilities of board members ensures that everyone participates within the proper framework.

11. Use Technology Appropriately in Virtual Meetings

With the rise of virtual HOA meetings, it is important to practice proper etiquette in online settings. Muting yourself when not speaking helps reduce background noise and prevent disruptions. Meanwhile, using video appropriately maintains engagement and helps facilitate effective communication. 

Also, try to avoid multitasking, as this will help keep participants focused on the discussion. Ensuring a stable internet connection prevents technical difficulties from interrupting the meeting flow.

Inviting Professionalism

Practicing HOA meeting etiquette ensures that discussions remain respectful, efficient, and productive. HOA meetings aim to serve the community’s best interests, and respectful discussions play a crucial role in achieving that objective.

Freedom Community Management provides HOA management services in Florida. Call us at 904-490-8191 or contact us online to learn more!

Playground Safety In HOA: A Guide For Board Members And Homeowners

admin on February 19, 2025

Playgrounds are some of the staple amenities in a HOA community. It offers children spaces to play and interact while building a sense of community. However, ensuring these playgrounds are safe is a shared responsibility that needs consistent attention to detail. 

The Importance of Playground Safety in HOAs

Playground safety in HOA communities is significant for a number of reasons. Here are some of them:

Preventing Injuries

playground reminders | playground safety in HOA

The safety of a playground is necessary to minimize and prevent injuries to kids who use them. You can find many ill-maintained playground hazards, including broken equipment, slippery surfaces, or improper installation. All of these can cause accidents and hurt those who are using them. However, through regular safety checks and immediate hazard prevention, your HOA can also help minimize such risks while creating a safe play environment for children.

Legal and Financial Liabilities

Accidents occurring on HOA property can lead to costly lawsuits and settlements. As part of the HOA board, you should make an effort to consistently ensure playground safety by following established standards and making prompt repairs. Doing these helps lessen the occurrence or likelihood of incidents where your association can be held legally liable.

Community Trust

Trust within the community is a must. One way this manifests is through the safety of the playground. It shows that your HOA is committed to keeping the well-being of all the residents in the community. By focusing on safety, you also build trust and satisfaction among community members, strengthening the overall sense of belonging and community spirit.

Compliance with Regulations

There are many federal, state, and local regulations that outline safety standards for playgrounds. By complying with all these, you are ensuring playground safety while protecting your association from penalties and reputational damage associated with regulatory violations.

Key Responsibilities of HOA Board Members

As HOA board members, you play an integral part in ensuring safe playground amenities. As such, you must follow through with the following responsibilities:

Conducting Regular Inspections

The HOA board must have a schedule for routine inspections. Conducting inspections helps identify hazards in the playground, such as broken equipment, sharp edges, or unsafe surfaces. For best results, you should contact certified playground safety inspectors (CPSIs) to help achieve more comprehensive evaluations.

Allocating Funds for Maintenance

Part of the HOA budget allocations is for maintaining common amenities in the community. This includes playground upkeep. The HOA should have funds set aside for playground equipment repairs and needed replacements to minimize any safety hazards. By having long-term investments in durable, high-quality playground equipment, you are also helping reduce expenses from frequent repairs.

Enforcing Safety Standards

HOA board members should also ensure the playground complies with national and state standards. Adherence to the U.S. Consumer Product Safety Commission (CPSC) and the American Society for Testing and Materials (ASTM) is critical. If you find any non-compliance issues, address them as soon as possible.

Educating Residents

You can create materials and communications that educate residents about playground safety in HOA communities. Make sure to communicate safety guidelines and rules with residents clearly. This helps promote the responsible use of playground facilities. Some of the best channels to do this include HOA meetings or newsletters.

Implementing and Updating Policies

When creating and implementing policies, the HOA board should have the best interest of the community at hand. Part of that is ensuring the safety of the playground. Therefore, developing clear policies on playground use, maintenance schedules, and incident reporting is crucial. Additionally, best practice would involve regular reviews and updates to these policies so that your HOA can adapt to the changing needs or new regulations.

Homeowners’ Role in Playground Safety

While HOA board members bear the primary responsibility, homeowners also contribute significantly to maintaining playground safety. Here are the ways homeowners can help:

Supervising Children

mother and child bonding | playground safety in HOA

The number-one person responsible for their kids is the parents or guardians. So, these homeowners need to ensure their children follow the posted rules in the playground. They should also monitor their kids to ensure they use play equipment appropriately. Being vigilant about potential hazards while children are playing is equally important.

Reporting Hazards

While the HOA board is mainly responsible for the upkeep of common amenities, they can’t monitor it 24/7. For this, homeowners should notify the HOA board or management team about damaged equipment, unsafe conditions, or potential risks they observe. This will help the HOA address such issues promptly.

Participating in Community Efforts

Volunteering for clean-up days or maintenance initiatives organized by the HOA fosters a sense of community and ensures the playground remains safe. Attending community meetings helps homeowners stay informed about playground safety in HOA spaces.

Regular Maintenance Practices

Effective maintenance is the cornerstone of playground safety in HOA communities. Key practices include:

Inspecting Equipment

playground maintenance | playground safety in HOA

Equipment should be checked regularly for wear and tear, rust, sharp edges, and structural damage. Particular attention should be paid to moving parts like swings, slides, and climbing structures.

Maintaining Safe Surfacing

When choosing or updating equipment in the playground, it is best to use impact-absorbing materials such as rubber mulch, engineered wood fiber, or synthetic turf. These materials need to be evenly distributed and maintained at the required depth so that they can effectively fall.

Cleaning and Sanitizing

Injury-causing hazards aren’t the only dangerous things in a playground. Pathogens and bacteria may also cause harm. Because of this, HOAS must have a regular cleaning schedule of playground equipment to remove dirt, debris, and potential health hazards. Make sure to sanitize high-touch surfaces frequently, especially during flu seasons.

Updating Equipment

Your HOA should regularly consider updating equipment to ensure compliance with regulatory standards. Having outdated or non-compliant equipment must be replaced with modern, safety-certified alternatives.

Documenting Maintenance Activities

The HOA should also keep detailed records of any inspection, repair, or upgrade done on the playground. Doing this demonstrates due diligence and helps to easily backtrack changes that may have caused any future issues.

Complying with Playground Safety Standards

Adherence to established safety standards is a non-negotiable aspect of playground safety in HOA communities. Some of the standards your HOA playground needs to follow includ the followinge:

  • CPSC Guidelines: The CPSC’s “Public Playground Safety Handbook” provides detailed equipment design, installation, and maintenance recommendations to minimize risks and enhance safety.
  • ASTM Standards: ASTM International publishes comprehensive standards for playground surfacing, equipment, and layout, ensuring optimal safety and functionality.
  • ADA Requirements: According to this law, playgrounds must be accessible to individuals with disabilities, promoting inclusivity and equal access.
  • State and Local Regulations: HOAs must review and comply with specific playground safety rules in their state or municipality. These localized standards often outline and address unique environmental or community needs.

Enhancing Playground Safety Through Design

happy kids | playground safety in HOA

Thoughtful design plays a significant role in ensuring playground safety in HOA communities. Consider the following design principles:

  • Age-Appropriate Zones. It is best practice to have separate areas for different age groups in your playground. This ensures that younger children cannot use equipment designed for older kids, lowering the risk of injury and promoting safer play.
  • Visibility. Playgrounds need open sightlines throughout the area to enable better supervision by parents and caregivers. Good visibility helps adults quickly identify and respond to any issues or accidents.
  • Safe Layout. Equipment in the playground should be adequately spaced out. This helps minimize the risk of collision while allowing kids to move freely without overcrowding. Installing barriers or fences may provide additional safety by preventing children from accessing nearby hazards like roads or bodies of water.
  • Weather Considerations. Your playground should have durable materials that can withstand extreme weather conditions. Having this ensures that your equipment will be usable without issue for a longer time.

Safety First

Playground safety in HOA communities is a shared responsibility requiring cooperation between board members, homeowners, and professional service providers. By emphasizing maintenance, regulatory compliance, and a safety-first mindset, HOAs can ensure playgrounds remain safe and welcoming for all residents.

Freedom Community Management provides HOA management services in Florida, including playground safety regulation compliance. Call us at 904-490-8191 or contact us online to learn more!

How The OTARD Rule In HOA Protects Homeowners

admin on February 19, 2025

In today’s society, staying connected is essential, whether through broadcasting services or the internet. This is the premise of the Over the Air Reception Devices or OTARD rule, which protects the rights of the people to install these devices. But how does it impact your HOA community? 

What is the OTARD Rule?

The OTARD rule was introduced as part of the Telecommunications Act of 1996. This rule removed barriers to installing and using over-the-air reception devices such as small satellite dishes, TV antennas, and wireless antennas for broadband access.

According to the rule, restrictions that unreasonably prevent the installation, use, and maintenance of over-the-air reception devices are prohibited, including in planned neighborhoods like HOA communities. It aims to help ensure that people have reliable access to telecommunications and broadcasting services. 

The OTARD rule covers devices installed on a homeowner’s property that are exclusively used or controlled by the owner. However, it doesn’t extend to common areas in an HOA community since the association maintains that. 

Recent Updates and Future Developments

Since its introduction in 1996, technology in telecommunications and broadcasting has tremendously evolved. To keep up with the times, the FCC tried expanding the rule in 2021, considering the new advancements.

In the update, the FCC included more models of fixed wireless devices that connect to the internet via broadband access. In the future, 

OTARD Rule and HOA Communities

check and cross | otard rule in hoa

HOAs often implement rules to maintain aesthetic standards, ensure uniformity, and regulate community property modifications. These rules may conflict with the OTARD rule, particularly when restricting reception device installation on individual properties.

Typical HOA covenants, conditions, and restrictions (CC&Rs) include prohibitions on visible satellite dishes or antennas to preserve the community’s appearance, requirements for devices to be installed in less conspicuous locations (even if these locations reduce signal quality or increase installation costs), and mandates for prior approval from the HOA before any installation, potentially delaying access to services.

The OTARD rule pre-empts HOA regulations that conflict with federal law. For instance, an HOA cannot enforce a blanket ban on satellite dishes or demand installation in suboptimal locations if doing so impairs the device’s functionality. However, HOAs retain the authority to regulate installations in common areas or impose reasonable restrictions for safety and preservation purposes.

Exceptions and Limitations of the OTARD Rule in HOA Communities

While the OTARD rule provides decent protections for homeowners, it is not absolute. Several exceptions and limitations are implemented to balance individual rights with the community interests in mind.

Prohibited Restrictions Under the OTARD Rule

At the base level, the OTARD rules prevent HOAs from implementing any restrictions that can prevent or impede a homeowner’s right to install, maintain, or use the devices mentioned in the legislation.

Based on the legislation, the HOA may be impeding in the following scenarios:

  • If the HOA unreasonably delays, impedes or prohibits using a device mentioned in the rule.
  • If the HOA unreasonably raises the cost of installing or using the devices covered by the rule.
  • If the HOA takes measures to prevent a homeowner from receiving or sending adequate signals from the devices covered by the rule. 

If the HOA’s regulations regarding over-the-air broadcasting devices are prohibited under the OTARD law, they are considered unenforceable. 

Reasonable Restrictions Under the OTARD Rule

Even under the OTARD rule, the HOA can still implement some policies regarding broadcasting devices. Based on legitimate safety concerns, the HOA can restrict their use. However, these restrictions must be necessary to keep the community safe. 

Other than safety concerns, HOAs can also impose restrictions based on historic preservation. As long as they are legitimate and necessary, these restrictions can take precedence over the rights given by the rule. To prove this, HOAs must qualify for historic preservation by having a site, structure, or object that belongs to the National Registry of Historic Places. 

But can the HOA limit how many satellite dishes or similar devices are allowed on one property? 

Based on the guidelines by the FCC, HOA regulations must not limit it to only one antenna or device if more than one is needed for it to be used properly. 

Creating Compliant HOA Policies

The board should review and revise its CC&Rs and policies in light of the OTARD rule in HOA to avoid conflicts and ensure compliance with federal law. 

To be sure, total bans or vague requirements should be removed from the governing documents. Additionally, restrictions should be narrowly defined and address only legitimate concerns like safety, historical preservation, or interference prevention. 

Additionally, to minimize any disputes or misunderstandings, the HOA must proactively communicate these restrictions to the residents. 

What Should Homeowners Do if They Want to Install Satellites?

installing a satellite hosue dish | otard rule in hoa

Despite having the OTARD rule in HOA, homeowners who want to install telecommunications and broadcasting services devices will still need to follow an approval process. While protected, installing such devices is still considered an architectural change.

To do this, here are some of the usual steps residents will need to go through:

1. Submit an Application Form for Architectural Change. Residents need to submit an architectural change application or approval form, including the details and reason for the change. Some of the details you may need to provide include:

  • Name of the requestor or property owner
  • Property Location
  • Reason for the installation
  • Timeline of the installation
  • Blueprint or visual plan (if needed)
  • Photo of the device (if required)

2. Wait for the Decision. After submitting the necessary documentation and forms, homeowners must now await the decision. This will be made by either the HOA board or the assigned architectural committee. Once the decision is made, the homeowner should receive a notification for approval or denial, with a written explanation. 

3. Starting the Installation. When the resident receives the approval, they can go through the installation process. Of course, they must follow the details and timelines they have submitted to the HOA. If the homeowner fails to follow the approved proposal, the HOA has the right to rescind its approval. 

Ensuring Fair Access and Compliance for Your HOA

The OTARD rule ensures equitable access to telecommunications services, particularly in communities governed by HOAs. By understanding the rule’s provisions, exceptions, and limitations, stakeholders can navigate conflicts and foster harmony between individual rights and community standards.

Freedom Community Management provides HOA management services, including fine collection, in Florida. Call us at 904-490-8191 or contact us online to learn more!

Can HOA Evict You? The Truth About HOA Enforcement Actions

admin on February 19, 2025

Part of the homeowners association’s responsibilities is properly enforcing rules and regulations. When dealing with delinquent residents, the HOA may impose some form of punishment. But can HOA evict you as a homeowner if you break the rules?

HOA Enforcement Actions

When living in a HOA community, residents agree to a set of governing documents that lay out the rules and policies in the community. Of course, having rulebreakers in a neighborhood is challenging to avoid. However, to improve compliance and discourage delinquencies, HOAs resort to enforcement actions. Here are some of the most common ones:

Fines

A fine is a monetary penalty imposed on homeowners who violate HOA rules. This is arguably the most common form of enforcement action many HOAs mention in their governing documents. It aims to discourage residents from breaking the rules, but in cases of repeated violations and unpaid fines, the association may escalate and resort to more serious enforcement actions. 

Liens

house justice | can hoa evict you

The homeowners association can place a lien on the property for repeated offenses. Simply put, a lien is a legal claim against the property, making selling or refinancing it more difficult. As a form of enforcement action, it helps the HOA ensure that it can recover the owed amount before any monetary transaction is made with the said property. 

Foreclosure

One of the most severe enforcement actions an HOA can take is foreclosure. This is usually only done as a last resort in the worst cases. However, whether and how an HOA can initiate foreclosure proceedings depends on state legislation.

Eviction vs Foreclosure

Many tend to be confused about eviction and foreclosure, but they’re essentially different things. On one hand, eviction is usually an enforcement action that landlords do to remove tenants who fail to pay rent or violate lease agreements.

Meanwhile, a foreclosure involves the legal process of repossessing a property when the homeowner fails to meet financial obligations, such as association dues and fees in an HOA. Unlike eviction, foreclosure affects property owners, not tenants, and can result in the homeowner losing their property entirely.

Understanding this distinction is critical when discussing an HOA’s ability to enforce its rules. While HOAs cannot evict homeowners in the traditional sense, they may initiate foreclosure proceedings under specific circumstances.

Can an HOA Evict a Homeowner?

Can the HOA evict you if you own the house? Technically, the HOA can’t directly evict a homeowner, as this action is typically taken by landlords against tenants. However, depending on the state, the association can still pursue legal action that can result in the homeowner losing their property.

But can HOA kick you out of your house? While this question points to an eviction, calling this a foreclosure might be more appropriate. Foreclosure happens when an HOA uses its legal rights to recover unpaid dues or enforce liens on the property. In extreme cases, this could result in the sale of the home.

State laws dictate the foreclosure process, and they vary from state to state. In some states, homeowners associations can foreclose on a property non-judicially or without court approval. However, in Florida, HOAs can foreclose on properties with assessment liens through the court. This means HOAs in Florida can only file a foreclosure complaint and ask the court to order the foreclosure of the lien they have placed. 

Can HOA Evict You If Your House Is Paid Off?

Having a fully-paid home does not exempt you from HOA enforcement actions. Of course, if you own your home, your HOA still can’t “evict” you. Still, if the state allows it to initiate foreclosure proceedings, especially when you have numerous offenses and repeated delinquencies. 

Of course, the HOA will not immediately start foreclosure proceedings. Usually, before that point, the association should have exhausted all other enforcement actions, including imposing fines or placing a lien on the property.

Can HOA Evict You If You are a Tenant?

Can the HOA evict you if you’re a tenant leasing a home in a HOA community? In this case, the HOA can’t evict you as a tenant, even if you do not pay dues or fees. Again, the process involves tenants and landlords, not HOAs. 

When homeowners rent out their property to others, they also become responsible for their tenant’s actions. This, of course, includes delinquencies and rule violations. If the tenants do not follow the HOA’s rules, the HOA doesn’t have the authority to evict them, but the homeowner does. 

Legal Protections for Homeowners

There are cases when the punishment of a foreclosure is too harsh for the actual violations done. When they seem to be unjust, homeowners are not without recourse. State and federal laws provide protections against unfair HOA practices. 

One example is the Fair Debt Collection Practices Act (FDCPA). This federal law safeguards homeowners by banning abusive, deceptive, or unfair practices for debt collection. HOAs or their collection agencies must follow strict guidelines when pursuing unpaid dues, including clear and documented communication.

In addition, many states have enacted statutes regulating HOA foreclosure practices. These laws often require a series of notices and opportunities for homeowners to resolve issues before foreclosure. These laws provide additional layers of protection, especially in states with stringent judicial foreclosure requirements.

Homeowners facing foreclosure should thoroughly review their rights under these laws and seek legal counsel to ensure fair treatment and proper adherence to due process.

How to Avoid HOA Enforcement Actions

explaining to old woman | can hoa evict you

You can avoid breaking the rules by keeping up with your responsibilities as a homeowner in an HOA community. Here are a few tips that can help homeowners stay in good standing with their HOA:

  • Pay Dues on Time: Timely payment of HOA fees is crucial to avoid penalties or legal actions. Even minor delays can escalate into more considerable financial burdens if fines and interest accrue, so staying ahead of deadlines is essential.
  • Understand the Rules: Familiarizing yourself with the CC&Rs prevents unintentional violations. Understanding the specific guidelines of your community can help you make informed decisions about property modifications, landscaping, and other activities.
  • Communicate: Open communication with the HOA is vital, mainly if financial hardships arise. If approached proactively, many HOAs will work with homeowners to establish payment plans or temporary waivers.

Staying in Control

While HOAs have the authority to enforce rules, their power has limits. Staying informed and proactive can help homeowners maintain control and avoid severe consequences. By understanding your rights and responsibilities, you can ensure a harmonious relationship with your HOA.

If you need help enforcing rules in your community, Freedom Community Management provides HOA management services. Call us at 904-490-8191 or contact us online to learn more!

The Types Of HOA Fines And What Does The HOA Do With Them?

admin on January 23, 2025

You may encounter different types of HOA fines when you’re part of an HOA community. In these communities, there are numerous rules that residents are expected to follow. When these rules are violated, homeowners may face penalties, commonly called HOA fines. But does the community benefit from it?

Types of HOA Fines

HOAs can impose fines if a homeowner breaks the association’s rules, typically outlined in the governing documents. 

Some of the most common violations they usually impose include:

1. Landscaping and Property Maintenance Fines

One of the most frequent sources of HOA violation fines comes from issues connected to property maintenance. HOAs issue these fines against homeowners who fail to maintain their property according to HOA standards. 

Some common instances include:

  • Overgrown lawns or unkempt landscaping.
  • Peeling paint or structural damage visible from the street.
  • Leaving trash cans in view after collection day.

These rules ensure that properties remain pleasing to the eyes, helping preserve the neighborhood’s overall curb appeal and property values.

2. Parking Violation Fines

no parking sign | types of hoa fines

Parking violations are also a common source of fines in HOA-governed communities. After all, parking rules are crucial, especially in communities with limited parking space. 

Typically, HOA penalties for parking violations may apply in cases such as:

  • Parking in restricted areas, including fire lanes or guest parking spaces
  • Storing recreational vehicles or boats in home property driveways
  • Prolonged parking of vehicles on the property

3. Noise and Nuisance Fines

Many households value undisturbed time, which can be ruined by noisy neighbors. To prevent this and keep the neighborhood’s harmonious vibe, HOAs usually regulate noise levels and activities that can disturb other residents. 

Fining noisy and disruptive homeowners is a common penalty for breaking such rules. The common violations under these rules usually include being loud or having loud events during the community’s quiet hours, excessive noise from pets, or having and operating noisy machinery. 

4. Fines for Unauthorized Modifications

Many HOA communities prefer a clean, proper, and uniform look. To keep that look, associations impose strict guidelines on property modifications. 

However, there are times when homeowners create unauthorized renovations to their homes. Some may paint their home an unapproved color or put up fences that do not adhere to the regulations. It is also considered an infraction if the homeowner doesn’t obtain prior approval for renovations. In such cases, HOA violation fines may be imposed against them.

5. Pet-Related Violation Fines

angry dog | types of hoa fines

Pets are usually welcome as part of the family, but homeowners must always be responsible for their behavior. In HOAs, pets are generally regulated to prevent any disturbances to other homeowners or any damage to properties.

The most common violations that may incur a fine include allowing pets to roam freely without a leash, owning more pets than what is allowed in the community, not cleaning up after your pets in common areas, and excessive noise from pets, such as barking. 

6. Fines for Common Area Misuse

In an HOA community, common areas are open for residents to use. Of course, with this privilege, homeowners are also bound to follow the rules when using these spaces, such as pools, fitness gyms, and parks.

However, there are cases where residents abuse that privilege. Some may break equipment or leave them in disrepair. Residents sometimes choose to hold parties and gatherings in these spaces without permission.

Given these clear violations, the HOA can impose penalties such as fines and may even remove those privileges for repeat offenders. 

7. Late or Missed Payments

overdue payment | types of hoa fines

Yes, HOAs may impose fines and penalties for late or missed payments, even if it is not considered a behavior violation. HOAs typically use these late fees to encourage timely payments, which are crucial to fund the community’s day-to-day operations. 

Are HOA Fines Legal?

If you’re a homeowner faced with fines for regulation violations, you may wonder, “Are HOA fines legal?” Surprisingly, the answer depends on the state’s laws and the HOA’s governing documents. 

In most cases, HOAs have the authority to impose fines as long as:

  1. The fines are outlined in the CC&Rs or bylaws.
  2. Homeowners receive proper notice of the violation and the opportunity to address it.
  3. The fines are reasonable and not excessive.

You may also ask, “Can you fight HOA fines?” The answer is “yes,” especially if you believe the fines breach state regulations and those imposed by your governing documents. Homeowners can bring up the issue by attending a hearing with the HOA board, providing evidence of compliance, or seeking mediation.

Can HOAs Impose Fines?

Yes, HOAs can impose fines as long as it operates within its.  Most state laws and HOA bylaws provide the board with the authority to impose fines to enforce community standards. However, the board still needs to follow due process, including notifying the homeowner of the violation, offering a chance to rectify the issue, and ensuring fines are consistent with the community’s rules.

Where Does the Money From HOA Fines Go?

The funds collected by the HOA from fines are used in the community’s best interest. The HOA board can’t pocket the funds for personal gain and instead allocates them for numerous things. 

These include:

Maintenance and Repairs: HOAs usually reinvest revenue from fines into the maintenance and repairs of common areas and community assets. These may include landscaping, road repairs, sidewalk maintenance, and the upkeep of standard amenities like pools, parks, and gyms.

Legal and Administrative Costs: The HOA may use revenue from fines to fund its legal expenses. They also allocate it to fund administrative costs. 

HOA Reserves: HOAs typically reserve funds for long-term projects, such as repaving roads or upgrading community facilities. Fine revenue may contribute to these reserves, ensuring the community remains financially prepared for future needs.

Educational Initiatives: There are cases where HOAs use fines to fund educational initiatives that promote regulation compliance. For example, they might create newsletters or host workshops to inform homeowners about community rules in efforts to reduce the likelihood of future violations.

Offsetting Shortfalls: There are cases when the HOA can experience budget shortfalls, typically due to delinquent dues or unexpected expenses. In these cases, the revenue from violation fines can help offset the gap, helping ensure that the community can meet its financial obligations without imposing higher dues or levying for assessments.

Turning Fines Into Community Gains

While fines function as a form of punishment, they also serve the collective interest of HOA communities. By understanding the types of HOA fines and how these funds are used, homeowners can appreciate their role in the neighborhood.Freedom Community Management provides HOA management services, including fine collection, in Florida. Call us at 904-490-8191 or contact us online to learn more!

Who Is Responsible For Condo Maintenance?

admin on January 23, 2025

While it may seem straightforward, the responsibility of condo maintenance is a point of contention in many places. Where does the responsibility for private unit owners and condo associations start and end?

Condo Associations vs. Private Owners: Who Is Responsible for Maintenance?

There are different areas in the condo that can be considered either common elements or private units. 

Common Elements

Common elements are areas in the condo building that are there for the entire community’s use. These areas include all parts of the building outside private units. Under this category are the building’s walls, floors, and roofing. It also includes amenities that condo owners can use, such as pools, fitness gyms, function halls, and clubhouses. 

Private Units

On the other hand, private units belong to their condo owners. These areas in the building are designated for the owner’s individual use. Any interior flooring, walls, ceilings, decor, and fixtures within that designated area are considered part of the private unit. 

Condo Association Responsibilities

indoor pool | condo maintenance

Regarding upkeep, the association is responsible for maintaining the condo common area. The COA serves a body that oversees the operations of the condo community, including maintaining specific areas in the building. This is usually funded by the association dues condo owners pay for as residents of the building. 

While individual condo owners benefit from using common elements, they are not responsible for maintaining them. Some of these common areas include:

  • Fitness gyms
  • Clubhouse
  • Function and meeting rooms
  • Swimming pools and amenities
  • Roofdecks
  • Lobby area
  • Common area lighting fixtures
  • Building roofs
  • Property fences and gates

Apart from these amenities, the COA is also responsible for the upkeep of the building’s exterior area. Specifically, they need to ensure that landscaping is properly done or that walkways and parking areas are also properly maintained.

Utilities and appliances, such as exterior air conditioning, central HVAC systems, and security systems, among others, should also be handled by the COA.

Additional Responsibilities

taking notes | condo maintenance

Attached to the maintenance of common areas, the condo association also has functions and responsibilities to ensure that all goes well in the building.

These include:

  • Rules and Regulations Enforcement. COAs must ensure that all condo owners follow policies stipulated in the association’s governing documents, including those that regulate the exterior appearance of their unit, including exterior paint colors, window treatments, and patio modifications. 
  • Budgeting. Condo associations are responsible for collecting association dues and levied emergency condo maintenance fees or assessments. They also have the responsibility of budgeting properly to ensure that funds are available for the upkeep of the building.
  • Conducting Regular Inspections. For the safety of the entire condo community, the COA must conduct or have experts conduct regular inspections to identify needed repairs and updates to the common amenities in the HOA.

Unit Owner Responsibilities

Private unit owners are responsible for their occupied condo units. Depending on your associations’ governing documents, unit owners must handle and oversee the upkeep of everything inside the units. 

Some of these usually include the following:

  • Plumbing problems include clogged sinks, broken toilets, and leaky pipes.
  • Installation and upkeep of fixtures, such as faucets and showerheads
  • Flooring maintenance, including installation of hardwood floors, tiles, or carpets
  • Regular cleaning and inspection for repairs needed
  • Interior decorating and paint refresh
  • Wall, ceiling, and trim restorations. 

Unlike in rented apartments, if the appliances were already in the unit when the condo owner purchased the place, they are still considered the condo owner’s property, not the COA’s. Therefore, if they need to be repaired or replaced, the unit owner is responsible for it. 

What About Limited Common Elements?

aircon cleaning | condo maintenance

Some areas in the condo building are considered limited common elements. These are areas that may be outside the private unit or do not belong to the condo owner but are being used exclusively by the unit owner.

  • Some examples of limited common elements include: 
  • Private balconies, patios, and decks
  • Private walking paths
  • Individual HVAC units
  • Electrical systems
  • Exterior doors and windows
  • Parking areas.

Frequently Asked Questions

Who Handles Maintenance for Plumbing and Water Systems?

Who is responsible for pipes in condo walls? Usually, the COA has the duty to maintain shared plumbing systems, including the main water lines and sewer systems. However, when it comes to individual private units, the unit owners are given the task of making sure their private plumbing systems are maintained. These include plumbing fixtures like faucets and shoes, sinks, and the pipes inside their walls. 

Who Handles Pest Control in the Condo Building?

Most of the time, the general maintenance rules in the COA apply. Regarding common areas, the COA is responsible for pest control. These include places like the hallway, lobby, and other community spaces. On the other hand, unit owners must handle pest issues that affect only their private units.

Who Handles Emergency Maintenance and Repairs?

When the condo building experiences issues like plumbing leaks, electrical failures, or storm damage, it may confuse residents and the COA on who will be responsible for repairs. In such cases, the COA generally takes immediate action to mitigate the damage in common areas or systems affecting multiple units. However, unit owners will likely still bear the cost of repairs if the issue originates from their unit.

If you’re part of the COA board, remember that you will need a clear protocol for emergency maintenance. This will help minimize any delay and ensure the repairs become a top priority. Both the COA and the residents should communicate regularly with each other to establish the process of reporting any issues that may need emergency repairs.

Is the Condo Maintenance Fee Part of the Association Dues?

Condo maintenance fees for common areas are typically included in the regular association dues paid by unit owners. However, the COA may levy additional or separate fees that will be used for unexpected maintenance issues, repairs, or improvements that exceed the association’s budget.

Condo Maintenance Responsibilities

Understanding condo maintenance responsibilities ensures a harmonious living experience for all residents. While the condo association handles common areas and structural components, individual unit owners actively maintain their private units and limited common elements.Is your condo association looking for professional help when it comes to handling tasks like maintenance and repairs? Freedom Community Management provides COA services in Florida. Call us at 904-490-8191 or contact us online to learn more!

Self Managed HOA vs HOA Management: What’s Better?

admin on January 23, 2025

If you’re a part of a planned community, you may wonder if it’s better to have a self-managed HOA vs HOA management. Both options have their own merits and challenges, and the right choice may vary depending on your neighborhood’s needs and goals.

What is a Self-Managed HOA?

When you have a self-managed HOA, the board members and other volunteers oversee everything in your community. This means they will handle all administrative, financial, and operational responsibilities needed to run the neighborhood. This may range from collecting HOA dues to enforcing rules and community maintenance.

Typically, this way of running the HOA works for smaller communities with fewer people. The workload for such communities is more manageable, and usually, the residents are proactive.

What is HOA Management?

On the other hand, HOA management, or more specifically, professional HOA management, involves outsourcing administrative and operational duties to an HOA management company. These firms provide HOA managers with the expertise and resources to do daily operational tasks like accounting and scheduling. 

HOA management is best suited for larger communities or neighborhoods with complex needs. Having a management company helps achieve smoother operations without overwhelming the board members.

Self-Managed HOA vs HOA Management: What to Choose?

As an HOA board member, consider what suits your community best. When deciding, keep in mind the following factors.

Cost Considerations

One of the biggest concerns for many board members is the cost. If you have a self-managed HOA, you significantly lower your community’s expenses since no management professional is paid for their services. Instead, the board members are run by volunteers who provide their time for free. The HOA budget is then entirely allocated to operating expenses and reserves instead.

But keep in mind that self-management is not entirely free. The HOA board will still need to invest in the solutions and software needed for accounting and housekeeping. They may also choose to hire occasional specialist contractors for specific needs. Yes, this is still more affordable for small communities; it may have the opposite effect for larger neighborhoods.

Meanwhile, with professional HOA management, the HOA will need to allocate a regular fee that will be paid to the management company. The cost may vary, depending on the community’s size and the services provided. 

Although having a professional company manage your HOA calls for an additional expense, the association can save money in the long run. With professionals, you can ensure that your HOA reduces costly errors, ensures compliance with the law, and handles tasks correctly. If not, that can lead to HOA fines or disputes. 

Administrative Efficiency

If you have a self-managed HOA, your board will have direct control over all the operations in your community. This helps with faster decision-making and a personalized approach to addressing the concerns of your residents. Board members tend to be invested in the community and are usually more approachable to residents.

However, not all board members have the necessary skills for the complex tasks that the association has to do. Many may not know how to prepare financial statements, understand legal issues, or enforce rules without bias. Here’s where professional management companies enter. They provide management professionals with the skills, experience, and resources to do complex tasks for the HOA. Given their expertise, these professionals can also handle these tasks efficiently and properly. 

Legal and Regulatory Compliance

Other than the daily operations, rule enforcement, and maintenance duties of the HOA board, they also need to ensure that the community adheres to local, state, and federal laws.

When comparing a self-managed HOA vs HOA management regarding legal compliance, your association can benefit from having the latter.

In self-managed HOAs, the board of directors may find this daunting since many may not know how to do so. They must stay up-to-date on legislation that may apply to their community. They can make compliance mistakes if they don’t, resulting in legal disputes and fines. 

Meanwhile, professional HOA management companies have dedicated personnel who are legal and regulatory compliance experts. They must stay informed on relevant HOA laws to ensure your association runs within legal parameters. 

Time and Commitment

Managing a homeowners association consumes a lot of time from every board member on top of their professional and home lives. Tasks like organizing meetings, collecting and accounting for HOA dues, managing vendor relationships, and responding to resident complaints are time-consuming. Yes, this can still be manageable for small communities, but as it grows bigger, the board members may be overwhelmed.

HOA management companies, meanwhile, help lighten the load on the board members by taking on these responsibilities. They will assign dedicated staff members to handle the time-consuming tasks, letting the board members focus on decision-making instead of administrative duties.

Key Considerations for Making the Choice

community meeting | self-managed hoa vs hoa management

When deciding between a self-managed HOA vs. HOA management, board members should consider these factors:

  1. Size of the Community: A self-managed HOA can be more practical and cost-effective if you have a smaller community with limited needs. Larger and more complex communities usually benefit more from working with professional management companies.
  2. Board Member Expertise and Schedules: Not all HOA board members have the relevant skill sets or enough time to run the HOA effectively. Outsourcing may be a better option if the board lacks expertise in areas like accounting, legal compliance, or vendor management.
  3. Budget: Self-management will save money upfront, which is good for smaller communities. However, the bigger the community, the higher the potential for costly mistakes. To avoid such cases, consider hiring a professional management company.
  4. Community Dynamics: If you want a community where every resident is close, self-management may be the way to go. However, professional management offers a good alternative for communities prone to conflict and disputes or needing impartial enforcement of rules.

Which One is Best for Your HOA?

When deciding between having a self-managed HOA vs HOA management, there is no one-size-fits-all answer. It all depends on the needs and goals of your communities. Those seeking a close-knit community, a self-managed HOA can be a good option .Meanwhile, hiring a professional management company would be more beneficial to larger or more complex communities.

Freedom Community Management provides HOA management services in Florida, including administrative and financial tasks. Call us at 904-490-8191 or contact us online to learn more!

What Do HOA Fees Cover? Transparency With Homeowners

admin on December 18, 2024

What do HOA fees cover? This is a common question many homeowners, and even board members, ask. Learning what fees are paid for in an HOA community is important. It is even more important for the HOA board to employ certain practices to ensure transparency.

What do HOA Fees Cover?

Homeowners associations are organized communities that typically have common areas and amenities. These common areas and amenities, though, will not take care of themselves. The HOA is responsible for maintenance, among other things, and the money for such expenses comes from the homeowners living in the neighborhood.

When a homeowner first buys a house in an HOA community, they agree to abide by certain obligations. One of these obligations is to pay regular dues to the association. The HOA then uses these dues to cover various costs associated with the operation, maintenance, and management of the community.

What do HOA Fees Pay For?

Since homeowners pay regular fees to the HOA, they have a right to know what their money is going to be used for. Every HOA is different, though, so one community’s expenses may not necessarily be the same as another’s. Still, some are more common than others.

What do HOA fees cover? These fees typically cover common area maintenance, common area utilities, insurance costs, management fees, legal and accounting services, security services, and reserve fund contributions.

1. Maintenance of Common Areas

The HOA is responsible for the maintenance and repair of common areas and amenities. These include clubhouses, community pools, fitness centers, parks, and playgrounds. They can also include lobbies, elevators, stairwells, walkways, and parking lots – anything shared or that the governing documents say falls under the HOA’s responsibility.

2. Utilities for Common Areas

cleaning aircon | what do hoa fees cover

Fees also cover the utilities for common areas and facilities. These include electricity and water. For instance, maintaining the HVAC system of an HOA’s clubhouse also falls under the association’s responsibility. As such, the HOA will take the money needed to pay for this maintenance from the dues.

3. Insurance Costs

Many states require HOAs and condo associations to carry insurance. The governing documents of most associations also require this. The cost of the premiums is typically taken out of the operating budget, funded by HOA fees.

4. Management Fees

If an HOA hires an HOA management company, it must pay management fees. An HOA management company helps associations with day-to-day operations, freeing the board of most of the administrative work. However, a self-managed HOA will not need to pay management fees.

5. Legal and Accounting Services

Most HOAs hire legal and accounting services, as board members are only sometimes equipped to handle legal and financial matters. A lawyer can help HOAs amend their documents, draft resolutions, and deal with other legal issues. Meanwhile, an accountant or financial firm can help HOAs prepare financial statements, file tax returns, and manage funds.

6. Security Services

cctv protected area | what do hoa fees cover

More often than not, security services are necessary for gated communities or associations. If the development is located in a private subdivision, it will need security gates, cameras, and personnel. The HOA fees cover the cost of these services as well.

7. Reserve Fund Contributions

Homeowners associations that maintain a reserve fund will need to make regular contributions. The reserve fund is a savings account that an HOA can use for future major costs. Some state laws require HOAs to have a reserve fund; some don’t. An HOA’s governing documents may also stipulate that the board maintain a reserve fund.

HOA Fees vs Special Assessments

Regular fees or dues are not the same as special assessments. For one thing, HOA fees are a staple. They occur more frequently, typically monthly, quarterly, or yearly. They are a given in an HOA community. On the other hand, special assessments don’t happen often. 

Another key difference is purpose. Regular fees go toward the community’s operating expenses. Meanwhile, special assessments are a last resort for an HOA that requires additional funding. Typically, an HOA board will levy special assessments if there’s a shortfall in the budget for whatever reason or during times of emergency.

Whether or not an HOA can charge special assessments depends on state laws and the governing documents. There may also be rules that limit the amount an HOA may levy. Additionally, some states dictate that an HOA may only use special assessments for the specific purpose written in the notice of the assessment. This is the case for Florida condominiums under Section 718.116 of the Florida Condominium Act.

Do Board Members Need to Pay HOA Fees?

Because board members must fulfill certain responsibilities for the HOA, many often wonder if they are still required to pay HOA fees. After all, shouldn’t they receive some form of compensation if they are serving the association?

Contrary to popular belief, board members must still pay HOA fees. They still have the same obligation as everyone else, even if they are in a leadership position. Board members must set an example for all homeowners. They don’t get special treatment or receive an exemption.

Generally, board members serve the HOA without compensation. However, some communities may allow compensation according to their bylaws. In Florida, Section 720.303 of the Florida Homeowners Association Act addresses this. According to this section, board members may not receive a salary for performing their job. However, the governing documents may authorize a fee or compensation.

How to Promote Transparency in an HOA

Transparency is paramount in an HOA community. Board members must build trust with homeowners – one way to do that is to remain open about financial matters. Homeowners have a right to know what’s happening within the association and what the HOA uses their money on.

Here’s how an HOA can promote transparency.

1. Present the Budget

Homeowners often wonder what is included in HOA fees. Board members can ease owners’ worries by presenting the budget to them annually at the annual meeting. In fact, in some states, this is even a requirement. Homeowners then have a chance to provide their input.

2. Provide Financial Statements

talking to clients | what do hoa fees cover

Financial statements show homeowners how the HOA is spending their money. Board members should present the financial statements and reports at every board meeting. They should also distribute a copy of these documents to homeowners. 

Board members should accommodate the request if homeowners request to see the financial statements. Most states even give homeowners the right to inspect the association’s financial records.

3. Conduct Open Meetings

Board meetings, except for executive sessions, should be open to all homeowners. This way, homeowners can see the board in action and understand how the board makes decisions. If the board shows nothing to hide, homeowners are more likely to trust them.

4. Explain Fee Increases

Every so often, the HOA board will have to raise the fees to accommodate shortfalls in the budget or additional expenses. The HOA must also keep up with inflation and the rising cost of goods and services. Instead of raising dues without explanation, board members should discuss their decision. This way, homeowners won’t wonder, “What do HOA dues cover?”

What do HOA Fees Cover? Answered!

In an HOA community, HOA fees play a crucial role. It is the lifeblood of an association, as one can’t function without its primary source of revenue. Both homeowners and board members should understand this role and what HOA fees cover.

Freedom Community Management provides HOA financial services, including collecting HOA fees, in Florida. Call us at 904-490-8191 or contact us online to learn more!

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