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A homeowner’s association (HOA) is a private association formed by a real estate developer for the purpose of marketing, managing, and selling homes and lots in a residential subdivision. The acquisition of the property automatically makes the homeowner a member of the HOA and dues are required. Some associations can be very restrictive about what members can do with their properties.
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It grants the developer privileged voting rights in governing the association while allowing the developer to exit financial and legal responsibility of the organization. Typically the developer will transfer ownership of the association to the homeowners after selling a predetermined number of lots.
Usually, any person who wants to buy a residence within the area of a homeowners association must become a member, and therefore must obey the several restrictions that often limit the owner’s choices.
Homeowner associations require mandatory classes for the acquirement of the license that will allow the person to have legal power over the property owners in their jurisdiction. The governing documents or covenants set certain conditions on the property and owners.
The conditions may include structural restrictions such as the type of fences or landscape allowed or minor selections such as the color of paint on a house.