Many residential communities have a homeowner’s association (HOA) structure to help maintain a clean and cohesive atmosphere in the neighborhood. Also, when you buy a condominium, townhouse, or single-family home within “a planned development” you may also encounter the HOA structure.
While the HOA will at times spare the homeowner from some responsibilities they can also come with some homeowner obligations. Before you buy a home that makes you part of an HOA, here’s what you need to know, and the questions you should ask both the association and you and your family.
Planned Development HOAs
Moving into a planned development often requires you to join the community’s homeowners association (HOA) and pay its fees to help cover the upkeep of common areas, shared structures, and exteriors. Membership also binds you to the association’s covenants, conditions, and restrictions (CC&R). Those rules could thwart your dream of having a purple front door, say, or of leaving your RV in the driveway since the CC&Rs typically include stipulations about the appearance of your home and the vehicles you can park outside it.
Is life in a planned development a good option for you? And, if so, which ones have HOAs that may suit you best? The answers to those questions depend not only your finances but your enthusiasm for shared amenities, tolerance for rules and regulations, and comfort with self-government—since most HOAs are overseen by volunteers who live in the development.
1. Fees Range Widely
A Trulia study which used American Community Survey records, found monthly HOA fees averaged $331 a month in 2015. Averages ranged from a low of $218 month in Warren, Mich., to a high of $571 in New York City. Trulia found dues to be generally higher in older buildings and complexes with more units overall.
The number and size of the development’s amenities also affect rates, according to Nate Martinez, a real estate agent at RE/MAX Professionals in Glendale, Ariz. For example, a development that’s guarded by a gate, and has a clubhouse and golf course is likely to levy higher fees than one that offers minimal security and only a modest common area.
Most multiple listing services (MLSs) include HOA fees in the property listing. That should ensure you can access the information through REMAX.com, Zillow.com, Realtor.com, and other listing sites, according to Martinez.
Examine these projections if they’re available. Since they’re only estimates, Martinez suggests you also check the amount by which fees are permitted to increase every year under the HOA’s bylaws. In a new complex, that research can help determine whether initial HOA fees have been attractively, even artificially, underpriced in order to attract homeowners and are liable to increase significantly over time to cover the gap between revenue and costs.
2. What You Get Varies, Too
When you buy a home in a managed community, you’re actually buying a bundle of legal obligations and entitlements in addition to physical living space, says John Manning, managing broker at RE/MAX on Market in Seattle. The precise rights, services, and amenities for which the HOA is responsible may range as widely as the fees being charged. “A gated community may have gate maintenance as the only agreement between homeowners, or there may be an HOA in place with a legal authority to manage much more,” he says.
Keep in mind you’ll pay for perks, such as recreational facilities, whether you use them or not. Find out the hours for amenities, such as pools and tennis courts, to determine if they’ll work with your schedule. If you’d think you’ll want to share these facilities with friends or family, check the rules and fees that pertain to guest use.
3. Additional Fees May Apply
According to John Manning, managing broker at RE/MAX on Market in Seattle, “Some associations prefer a large cash reserve on hand to meet maintenance, legal, or management obligations as they arise. Others have lower fees and rely on special assessments—funds levied outside of HOA fees—for repairs and maintenance.” These levies are similar to the tax assessments sometimes levied by local governments.
According to Manning, the size of the reserve fund will depend not only on the HOA’s approach but also on the building’s age, condition, and amenities. Developments often draw up multiyear plans for repairs and capital investments, including their annual costs and the expected balance in the reserve fund at the time the outlays will be required.
Ask to see those documents, paying special attention to how well the needed expenditures line up with the balance of the reserve fund. Professional help can be valuable when poring over these spreadsheets. His company’s, Manning says, is to “have the clients discuss the financial statements with a CPA [who is an] expert in analyzing [developments’] financials.”
4. Fees and Your Mortgage Approval
As they do with property taxes (which, by the way, are not included in HOA fees at most developments), banks will consider your monthly HOA fees when deciding how large a mortgage you’ll be able to afford. As a result, you may wrestle with vexing tradeoffs as you decide among properties. Higher HOA fees could leave you with a smaller approved amount to spend on your house compared with choosing an alternative property with low or no fees.
Interestingly, the presence of fees doesn’t necessarily reduce the value of a property; if anything, there’s evidence of the opposite effect. The research by microeconomist Clarke found that, after equalizing for home size and location, properties that were part of an HOA sold for an average of about 4% more than those who weren’t in an association. The premium is highest, he found, when the house and development are new; it declines with age.
Your prospective lender can provide the mortgage-payment figure, and you should already have the property-tax and HOA-fee numbers. If you’re just starting on your home search—and don’t yet have relationships with any lenders—use a free online mortgage calculator (like this one from NerdWallet) to estimate the likely mortgage payment for the principal you’re seeking, and to enter other relevant information, including your planned downpayment.
Again, any lender you’re talking with can provide this. Alternatively, many online mortgage calculators, including the one we linked to above, also allow you to request quotes from mortgage lenders on rates and maximum approved amounts.
5. The Covenants Count
Since the rules and regulations of any particular HOA may be unique, don’t rely on second-hand information or past experience at other developments to learn what an HOA’s rules and covenants are. And think hard about whether you’ll be able to live with them.
If you can’t find the CC&Rs online, at the HOA’s website, ask your real estate agent to acquire them for you or obtain them through contacting the HOA directly. Be sure to check if the document is up-to-date before you proceed too far into the buying process.
You could find you’re restricted in more ways than you might assume. In addition to governing door color and the like, CC&Rs may limit how tall your grass can grow, whether you can plant or remove trees, which types of vehicles you can park on the street or in your driveway (bans on parking RVs are not uncommon, for example), how high fences can be, and which types of coverings you can use on street-facing windows.
If environmentally friendly living is a personal priority, check the HOA’s green provisions, beginning with what can be planted around your home, and how that vegetation may be maintained.
For example, some HOAs do not allow xeriscaping, an environmentally friendly form of landscaping for arid climates, and may limit the size and composition of any garden you plant. The rules may also dictate the use of particular fertilizers, pesticides, or sprinkler systems to maintain the yard and ban the likes of compost piles and solar panels.
Check for any language that might prevent you from, or even just complicate, renting out your property. What’s considered customary can depend on the jurisdiction. “In the Seattle area, it is common to find prohibitions on short-term [vacation] rentals. HOAs have an interest in limiting the percentage of non-owner-occupied units, as mortgage lenders may be reluctant to lend on buildings that have high rental occupancy,” says Manning.
6. Conflict Management
As in any community, disagreements arise within a planned development, sometimes over certain residents bending or breaking the rules. Before you buy, explore how rules are set and enforced and what penalties are imposed against rule-breakers.
Sanctions can be strict. In some HOAs, the outcomes may include being fined or sued or having the HOA place a lien on your home. Pay particular attention to whether the HOA can foreclose on your property for nonpayment of HOA dues or nonpayment of fines resulting from CC&R violations.
Ask about the process for resolving any conflicts, as well as how the HOA manages additions to or amending the rules.
Request a list or other accounting of conflicts and rule violations the association has had to resolve. If that information doesn’t detail lawsuits, ask about those. Be sure to check for any past, present, or pending lawsuits in which the HOA is involved. Also, review the outcome of any such cases.
7. The HOA’s Reputation
Since the association essentially serves as a hyper-local government for the community, it pays to look into who runs it and how well those people function together.
It’s very common for HOAs to be overseen by community residents who hold their positions as volunteers and are elected by association members. However, some associations are entirely managed professionally. If a private company manages the HOA, investigate its reputation before you buy. If the HOA has some employees, or companies to which it contracts out tasks, ask about these entities and the work they do.
Talk if you can to some of the building’s current owners—preferable ones who are not on the HOA board and have lived in the building for several years. How collegially does the board function? Are differences in opinion usually handled civilly and constructively? Be alert for indications of frequent, even perpetual, drama. As with some other governing bodies, HOAs can be hampered by egotism, power plays, and petty politics.
Schedule time to speak with the HOA president, to get a sense of whether you want this person making decisions on your behalf about the development. Ask the president, too, about interest among residents in serving on the board: Is there high motivation to do so, or relative indifference? This conversation may also motivate you (or not) to serve on the board yourself one day, a move that would require getting elected and giving up some free time for your new responsibilities.
8. Compliance with the HOA
Don’t rely on being properly alerted to any lingering issues between the association and the current owner of a house that interests you. Failure to ask about these problems in a timely way could result in you inheriting them when you take possession of the property.
Some potential issues may be obvious, such as dead or overgrown landscaping or flaking paint. Conversely, has the owner made exterior improvements or other changes to the property without getting HOA approval? If these changes are not in compliance with the rules, what could happen to you if you owned the property? You may be able to force the owner to fix the problems as part of the sale agreement or provide cash at closing.
9. Insurance Responsibilities
As with the ownership of property, insurance provisions within a planned development can be divided, too, with the HOA covering some perils or areas and the homeowner responsible for others.
These are often mandated by state law. In Florida, for example, a condominium HOA must insure all common property, which includes every part of the building up to a unit’s unfinished drywall. Meanwhile, the homeowner is responsible for insuring all personal property within their unit, including appliances, flooring, cabinetry, window treatments, and the like.
Check the law for the state you’ll be living in to for the precise division of requirements. Confirm the HOA for the property you’re considering is adhering to those requirements.
Check whether the HOA provides additional coverage as a perk for owning within the development. “[A] forward-thinking HOA can make a condo building more attractive” in this way, says Manning. They might add “earthquake and other types of hazard insurance, [which] will be reflected in the homeowner’s HOA dues.” You should, of course, confirm if such additional coverage also extends to the areas that are the homeowner’s legal responsibility, or only to those under the HOA’s purview.
The Bottom Line
Living in a planned development—and being governed in part by the rules of an HOA—can be a mixed blessing. It offers the prospect of exchanging some control over your home for the reduced responsibilities of maintaining it, and for the benefit of enjoying shared amenities and security. It can, however, also trade the diverse look of a typical neighborhood for a more uniform appearance, albeit one with a lower chance of a neighbor’s decorating taste or sloppy maintenance habits becoming a problem for you.
How well you embrace those tradeoffs will contribute to how happy you’ll be in a condominium or other “planned home.” If you decide to proceed with a purchase, be sure to engage professionals, including a real estate agent, who is familiar with planned developments and HOAs since there are a number of unusual aspects to these compared with buying a single-family home.