HOA and CCR’s
Legal Assistance with HOAs and CCRs
Do you need assistance forming a homeowners association? Are you having a dispute with the association governing your neighborhood? At BPE Law, we have experience with a wide range of real estate legal issues and can assist you with your homeowners association questions. Our mission is to provide efficient and cost effective services to all of our clients.
What is A Homeowners Association?
Homeowners associations, popularly known as HOAs, are governing community bodies. While HOAs are most prevalent in condominium communities and planned communities, some other neighborhoods may be governed by these bodies. It is important to determine whether or not a neighborhood is governed by an HOA before making a residential real estate purchase. Some buyers prefer not to live in such communities due to their sometimes-restrictive nature.
If you move into a community governed by an HOA, it’s important to understand that the association is an established and legally recognized body. HOAs are responsible for setting community rules and enforcing them. They may also host a wide variety of social events and provide support to residents of the community. Most HOAs have an elected board of members who act as the governing council of the community.
What Are Covenants, Conditions and Restrictions?
At the heart of HOAs are covenants, conditions and restrictions (CCRs). These documents are also known as the bylaws of the community. They detail the rights and responsibilities of residents who live in the area governed by the HOA. The CCRs may also lay out very specific guidelines for property maintenance and alterations. The CCRs are legally enforceable rules that all homeowners must agree to abide by in order to live in an HOA-governed community.
For instance, some CCRs forbid homeowners from painting their home a color not approved by the HOA. These rules may describe how recreation facilities can be used or whether or not a homeowner can have pets. Some CCRs also provide specific guidance for homeowners who wish to put up outdoor decorations for holidays and special events.
Legal Representation for HOAs
At BPE Law, we represent both individual homeowners and HOAs. We provide a wide variety of services designed to meet the specific needs of HOAs. It’s essential that HOA leaders understand that laws governing such associations are incredibly complex. Your BPE Law attorney will explain these laws and regulations to you in order to ensure that you understand the rights of your HOA.
Creating An HOA
Almost all HOAs are created by building an HOA-centric community with approval from the state. Ensuring that a new community follows all state guidelines in regards to property and real estate law is a difficult task for the layperson. If you are interested in forming an HOA community, it is essential that you work with a qualified attorney. At BPE Law, we have experience assisting new HOAs and will be happy to guide you through this sometimes-daunting process.
Crafting Legally Binding CCRs
Well-crafted CCRs are at the center of HOA success. In order for CCRs to be legally binding, they must follow certain rules set out by various state bodies. Your BPE Law Attorney will help you to understand these rules and will work on your behalf to craft strong CCRs. We will also provide targeted advice to help you understand the types of rules that are highly controversial and can lead to difficulties selling or renting property governed by an HOA. Your attorney will help you understand how to balance the needs of your HOA with the expectations of prospective buyers and renters.
Legal Representation for Homeowners and Renters
On occasion, homeowners and renters who live in HOA-controlled communities have disputes with the governing HOA. Perhaps you believe that the CCRs violate your rights or have a negative effect on how you can use your property. Maybe you want to learn how to change the CCRs of a given HOA.
In general, HOAs hold a great deal of power over homeowners who have agreed to join the association and follow their rules prior to buying property. However, there are some situations in which the court will rule in favor of homeowners who feel that their rights have been violated. Because this is such an intricate area of law, it is essential that homeowners who wish to challenge their HOAs be represented by a qualified attorney. At BPE Law, we understand the ins and outs of HOAs, CCRs and applicable laws.
If you need assistance dealing with an HOA-related legal issue, please call us today at 916-966-2260.