What Is The Purpose Of Paying HOA Dues?
A homeowners association (HOA) is an organization in a planned community or condominium that makes and enforces rules for the properties and their residents.
Homeowner associations (HOAs) are typically formed within communities or neighborhoods of single-family homes or multi-unit buildings (such as condominiums), composed of and governed by the community’s residents.
An HOA is established to make and enforce rules regarding properties within the jurisdiction. However, some associations can be very restrictive as to what members can do with their properties.
Membership in an HOA is usually required to purchase a home within a community where an HOA has been established. So those who purchase property within the jurisdiction of an HOA automatically become members and are required to pay HOA fees.
The property itself carries an implied right of co-ownership over the elements that make up the building, which is necessary for its enjoyment and use. It is governed by bylaws agreed upon by the members themselves and by applicable general rules.
An HOA has a board of directors elected to enforce and oversee the rules and regulations of the HOA. An HOA will describe its rules in a Declaration of Covenants, Conditions, and Restrictions (CC&Rs).
The CC&Rs set forth specific conditions for homeowners regarding the maintenance of their properties. Generally, homeowners association services are designed to help ensure a uniform appearance for all properties included in the association zone.
These homeowners association services may include trash pickup, landscaping, snow removal, parking lots, and facilities such as swimming pools, tennis courts, or party spaces available to all HOA members.
These conditions sometimes include structural restrictions, type of fencing or landscaping allowed-or more minor aesthetic choices, such as the paint color of a house.
A CC&R document may also outline penalties for violating the guidelines outlined in the CC&Rs. Punishments range from fees to forced compliance or, if necessary, even litigation.
The community’s own bylaws determine the fees that each owner must pay to maintain the general services of said community. These resources are destined for repairs, works, security, public services, maintenance, contingencies, cleaning, cleaning, gardening, among other concepts.
However, it is clarified that both the owner and the person who rents a dwelling within a building are part (both) of the Community of Owners. However, it cannot be ignored that although the payment of this monthly fee is in charge of the owner, the tenant can assume it according to the agreement established in the rental contract. If this monthly contribution is not paid, the Law shows that the dwelling buyer must cover this payment, and if he fails to do so, he will have to respond with the dwelling itself.
It is important to emphasize that the payment of this fee is mandatory for the owners or lessors if so agreed when renting. However, the owner is directly responsible for paying additional expenses or outstanding fees for maintenance and other purposes.
Of the primary and primordial requirements for the constitution of a Community of Owners, there is the celebration of the First Meeting of Owners, the legalization of the Book of Minutes, the obtaining of the Tax Identification Number, and the acquisition of the Civil Responsibility Insurance and Fire Insurance among many other requirements.