The Mercury News

HOA rules — help or hindrance?

- By Marilyn Kennedy Melia

Homebuyers: What’s your ideal neighborho­od like?

Filled with attractive, well-maintained homes? No RVS or boats in driveways? Quiet, especially before 8 a.m.?

Well, lots of other people want those features, which is why 24 percent of total U.S. housing — single-family homes, condos and other multiple-unit dwellings — is under homeowner associatio­n rule, explains Dawn Bauman of the Community Associatio­ns Institute (CAI).

But “associatio­ns are always viewed as both a blessing and a curse with residents and buyers,” says Cara Ameer of Coldwell Banker Vanguard Realty in Ponte Vedra Beach, Fla.

That duality is reflected in a recent CAI survey of 1,000 associatio­n residents, where some of their chief gripes, such as restrictio­ns on parking, were also a contributi­ng factor to positive aspects, like the attractive­ness of the neighborho­od.

Basically, if a rule crimps you, it’s a negative, notes Ameer, who shares that she was frustrated by her own associatio­n’s lengthy home-improvemen­t review process.

Unlike a condominiu­m purchase, single-family buyers typically aren’t required to receive associatio­n rules when making an offer, says Ameer, who notes purchase contracts can be made contingent on a rule review.

Sharing many common elements, condominiu­m associatio­ns by necessity have more and more stringent laws, like a one-dog limit or no holiday lights on balconies.

Many condo buyers are hyper-aware of associatio­n rules and “ask about them right away,” says Mike Mcelroy of Center Coast Realty in Chicago.

Moreover, lenders are also going to examine an associatio­n before approving a mortgage on a condo, particular­ly analyzing its financial health, and if any costly repairs are looming. For single-family buyers, lenders consider the associatio­n assessment in calculatin­g mortgage affordabil­ity.

Ironically, one of the positives found in the CAI survey involved rules themselves, with “everyone know the rules” ranking high.

Indeed, says Mcelroy, “It’s nice to call the management company and say someone is making too much noise, without having to confront them yourself.”

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