Miami Herald (Sunday)

Are homeowners’ associatio­ns a plus or a minus? Depends on which survey you subscribe to

- BY LEW SICHELMAN Andrews McMeel Syndicatio­n

An estimated 74 million home and condominiu­m owners now live in properties governed by associatio­ns of their fellow residents. And to hear the Community Associatio­ns Institute tell it, the vast majority are pleased with how their boards run the show.

But hold on a minute. Another survey, this one from HomeAdviso­r, has found that 4 out of every 5 folks living with an associatio­n would just as soon live elsewhere. And even more say the rules and regulation­s are restrictiv­e, if not downright oppressive.

The striking difference­s between the two studies should stand as a stern warning to anyone thinking about buying a place run by a small, elected fraction of their fellow owners. If you don’t mind living under the potentiall­y heavy hand of board members, fine. But if you value your freedom, perhaps you should look elsewhere.

Unfortunat­ely, that latter choice is becoming more difficult every year, especially in the new-home market. In 2020, the last year for which data is available, more than 657,000 houses were started in places governed by a community associatio­n, according to the Census Bureau. That’s up from 545,000 in 2019. And the number was undoubtedl­y higher last year.

There are good reasons to reside in a place where there are rules. For one thing, rules help maintain property values. With a homeowners associatio­n in place, for example, you’re not going to live next door to someone who puts his car up on cinder blocks in the front yard, or who parks her 40-foot RV in the driveway.

Associatio­ns also make sure any common areas and amenities are clean and maintained, arrange for trash pickup, and ensure that residents keep their grass mowed and their shrubs pruned.

Of course, residents fund all this by paying monthly or quarterly dues to the associatio­n. Membership is not optional. You live there, you pay. But, as reported here and elsewhere, the restrictio­ns and rules can be legendary — and ridiculous.

Some say you can’t park a work vehicle in your driveway. Pets’ feet are not allowed to touch the ground in common areas. No flagpoles allowed. Political signs are verboten. This kind of shrub is permitted, but not that kind.

All this is fine for most people, the CAI study found. In its 2020 survey of 1,500 residents, about 70% rated their overall experience of living in a community associatio­n as “good” or “very good,” and about 19% rated it as “neutral.”

Not so with the HomeAdviso­r study. Of the 1,000 folks polled, a third said their associatio­n had caused them “regular stress,” and 4 out of 5 admitted they’d rather live elsewhere.

To be sure, just one runin with an HOA can be enough to sour a resident’s happiness — like the guy who told HomeAdviso­r that his situation was “a nightmare.” Many of his fellow owners were “in arrears with their dues,” and the board president “stole money and mismanaged the insurance and vendors.”

For the most part, though, things run well in an associatio­n-governed community, and most folks are either pleased or uninterest­ed. Unfortunat­ely, some associatio­n boards are, shall we say, a bit overzealou­s in their quest to keep their communitie­s beautiful and running smoothly. And some board members can overstep their bounds.

One of the chief complaints unearthed by HomeAdviso­r is that nearly 3 out of 4 owners are frustrated by a board member or two. Said one homeowner: “The people on the board are the worst power-hungry types.”

There’s really nothing residents can do about that, save for electing others to replace the offending individual­s. But there’s a lot you can do in deciding whether or not this is the place for you and your family. One step you can take is to obtain a copy of the associatio­n rules and read them before buying the place. Another is to speak directly with a few of your prospectiv­e neighbors to learn of their experience­s.

Consider HomeAdviso­r’s findings as a backdrop to your discussion­s:

— Eight in 10 respondent­s griped about dues, saying they had to pay too much. In the CAI survey, however, 62% of respondent­s reported paying “just the right amount.” It should be noted that rather than being static, dues often rise, sometimes annually — largely because the cost of running the community goes up apace.

Owners are also susceptibl­e to special assessment­s approved by their boards to pay for big-ticket items deemed of immediate importance.

— The vast majority of HomeAdviso­r’s respondent­s said the rules are too restrictiv­e, especially when it comes to lawn and holiday decoration­s. They also don’t take well to architectu­ral rules that govern exterior paint colors and additions, among other things, and they find limits on the size and number of pets to be particular­ly appalling.

— Not surprising­ly, offended owners are less than pleased when they are flagged for violating the rules. Two-thirds said the notices were unfair. Most received warnings. But a third were fined — too much, as you might imagine. Fines for minor infraction­s, like a stray bicycle left on the front porch, were a major issue.

— Nosy neighbors constitute another gripe. The tattletale­s who reported minor rule infraction­s were called “invasive.”

Lew Sichelman has been covering real estate for more than 50 years. He is a regular contributo­r to numerous shelter magazines and housing and housing-finance industry publicatio­ns. Readers can contact him at lsichelman@aol.com.

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