What Does an HOA Do?

A homeowners association’s primary functions are to maintain common areas within the community and enforce restrictions and covenants.  Common areas (or “common elements” in the statute) are the property within a development that is collectively owned by all homeowners through the association.  Common elements might include private roads, a community pool, playground, or other recreational facilities, or - in the case of a condo association - the portions of the building that are not part of any particular owner’s unit, like the roof, elevator, or lobby.  Keeping common elements in good repair and safe condition is in the interest of all homeowners and is one of every association’s most vital jobs. 

HOA’s are also responsible for enforcing community covenants and restrictions - the shared rules all members of the community must abide by.  Covenants and restrictions (sometimes just called “covenants”) are designed to maintain high property values by preserving a development’s aesthetic appeal and promoting a generally pleasant atmosphere and good quality of life for members. For example, an association might prohibit members from making excessive noise, thereby protecting neighbors from potential nuisances. If an owner violates a covenant, an association usually provides a warning notice and, if the problem persists, can file a lawsuit against the owner seeking compliance through a court order.

When an HOA acts, including filing or defending against a lawsuit, it acts through its board of directors and officers.  Ohio’s HOA law requires election of board-members by homeowners under terms established in the declaration.  O.R.C. §5312.02(B).  In turn, the board appoints officers (e.g., president, treasurer, etc.) from among the elected board-members.  O.R.C. §5312.04(A).  Along with establishing the election process, the declaration and bylaws set forth the number of board-members, how long they serve, and the board’s general powers and duties.  Board-members and officers are usually volunteers, though compensation can be provided if permitted by the declaration and approved by the board.

DISCOVER MORE

Featured
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Association ManagementChristopher R. Moore, Esq.Board Duties, Maintenance