HOA Rights and Responsibilities

Inside the house

HOA Rights and Responsibilities

Rights and Responsibilities of Owners:
From “ An Introduction to Community Association Living”

As dues paying member of the community association, owners are entitled to certain rights and in return have certain responsibilities.

Owners have the right to:
1. A responsive and competent community association
2. Honest and fair and respectful treatment by community leaders and managers.
3. Participate in governing the community association by attending meetings, serving on committees, and standing for election
4. Access appropriate association books and records
5. Prudent expenditure of fees and other assessments
6. Live in a community where the property is maintained according to established standards
7. Fair treatment regarding financial and other association obligations, including the opportunity to discuss payment plans and options with the association before foreclosure is initiated
8. Receive all documents that address rules and regulations governing the community association if not prior to purchase and settlement by a real estate agent or attorney, then upon joining the community
9. Appeal to appropriate community leaders those decisions affecting non-routine financial responsibilities or property rights
Owners have the responsibility to:
1. Read and comply with the governing documents of the community
2. Maintain their property according to established standards
3. Treat association leaders honestly and with respect
4. Vote in community elections and on other issues
5. Pay association assessments and charges on time
6. Contact association leaders or managers if necessary to discuss financial obligations and alternate payment arrangements
7. Request reconsideration of material decisions that personally affect them
8. Provide current contact information to association leaders or managers to help ensure they receive information from the community
9. Ensure that those who reside on their property, e.g., tenants, relatives, friends, adhere to all rules and regulations
Board members have the right to:
1. Expect owners and non-owner residents to meet their financial obligations to the community
2. Expect residents and their guest and tenants to know and comply with the rules and regulations of the community and to stay informed by reading materials provided by the association
3. Respectful and honest treatment from residents. This includes not having to act in loco parentis for unit owners that are not accepting responsibility for their tenant’s acts
4. Conduct meeting in a positive and constructive atmosphere
5. Receive support and constructive input from owners and non-owner residents
6. Personal privacy at home and during leisure time in the community
7. Take advantage of educational opportunities (publications, training workshops) that are directly related to their responsibilities and as approved by the association

Additionally, board members have the responsibility to:
1. Fulfill their fiduciary duties to the community and exercise discretion in a manner they reasonably believe to be in the best interest of the community
2. Exercise sound business judgment and follow established management practices
3. Balance the needs and obligations of the community as a whole with those of individual owners and non-owner residents
4. Understand the associations governing documents and become educated with respect to applicable state and local laws, and to manage the community association accordingly
5. Establish committees or use other methods to obtain input from owners and non-owner residents
6. Conduct open, fair, and well-publicized elections
7. Welcome and educate new members of the community
8. Encourage input from residents on issues affecting them personally and the community as a whole
9. Encourage events that foster neighborliness and a sense of community
10. Conduct business in a transparent manner when feasible and appropriate
11. Allow owner’s access to appropriate community records when requested
12. Collect all monies due from owners and non-owner residents
13. Devise appropriate and reasonable arrangements, when needed and feasible to facilitate the ability of individual residents to meet their financial obligations to the community
14. Provide a process residents can use to appeal decisions affecting their non-routine financial responsibilities or property rights where permitted by law and the association’s governing documents
15. Initiate foreclosure proceedings only as a measure of last resort
16. Make covenants, conditions, and restrictions as understandable as possible adding clarifying “lay” language or supplementary materials when drafting or revising the documents
17. Provide complete and timely disclosure of personal and financial conflicts of interest related to actions of community leader, e.g., officers, the board, and committees
Call us to learn more about HOA rights and responsibilities!
New Foundations Property Management is a locally owned and operated company.
Share by: