What is an HOA?
A Homeowner’s’ Association, known by the acronym HOA, is a formal legal entity created to govern the operation of a development and maintain the common areas of the property; they have the legal authority to enforce deed restrictions, rules and regulations. Most condominium complexes and many newer single family home subdivisions have HOAs, which are usually created by declaration when the development is built.
What are CC&R’s?
Covenants, Conditions & Restrictions (CC&R’s) are rules and restrictions recorded to give public notice of the governing documents and they are issued to each home owner. The HOA is established to ensure that the CC&R’s are adhered to in order to maintain the quality and value of the properties involved.
Features of a Homeowners’ Association
- Membership is mandatory for all property owners within the development
- Members are usually charged mandatory fees on a regularly scheduled basis
- Homeowners’ associations have the authority to enact and enforce maintenance and design standards in addition to those established by City and County ordinances
- Homeowners’ associations are corporations with formal bylaws – there is usually a governing board which hires a property management company to handle the day-to-day operation dealing with maintenance and enforcement issues
- Many homeowners’ associations publish a newsletter and must publish minutes of the meetings of the membership
What Does the HOA Manage?
In San Mateo County, each community association is slightly different. You’ll find that it is common for a Homeowner’s Association to handle some, if not all of the following:
- Establish and collect maintenance fees needed to run neighborhood operations
- Maintain community landscaping
- Maintain recreational facilities
- Provide space for events or neighborhood functions
- Provide security
- Arrange for street maintenance
- Enforce deed restrictions including, but not limited to, exterior home maintenance, commercial use of properties, control of trash and blight
Other restrictions that may be enforced by an HOA include: parking on street, landscaping approval or types of plants, garage door being open, fence restrictions, pool restrictions, erection of basketball hoops or tree houses, storage of boats and RVs, number of pets, age requirements of residents. There can be others.
What’s Good About an HOA?
Those who advocate for Homeowners’ Associations say that they protect the value of their San Mateo homes and neighborhoods. They do this by keeping the area looking attractive, and making sure no one does anything wild, like painting their house gold and pink, parking an 18-wheel truck on their front lawn, leaving dismantled vehicles in the street, or running a flea market in the driveway.
What’s Not So Good About an HOA?
Opponents of Homeowners Associations point to overzealous and unscrupulous HOA boards, fee increases that can’t be rejected, and rules that are far too restrictive – everything from what kind of shrubs to plant, to placement of a clothesline, to preventing the displaying of the American flag. Anti-HOA organizations believe that the Homeowners Associations are private governments that set themselves above the law.
Before You Buy a San Mateo Condo, Do Some Research
Whether or not to live in a development governed by CC&R’s and an HOA is an individual choice. San Mateo home buyers should carefully investigate anything that will impact the peace and financial security of condominium ownership. To help you do so, we’ll be presented classes and webinars to help you decide whether condominium ownership is for you. To see a schedule of our upcoming programs, visit our Class Schedule page or click the Sign Up button below.
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Raymond Stoklosa, Chela Stoklosa and Rebecca Williamson are Realtors with The RayChel Realty Group specializing in Santa Clara and San Mateo Real Estate.
Raymond Stoklosa, Broker/Co-Owner
Chela Stoklosa, Realtor/Co-Owner
