San Diego Union-Tribune

A DOZEN LONG-TERM HOA CHALLENGES TO TACKLE

- BY KELLY G. RICHARDSON Richardson, Esq. is a Fellow of the College of Community Associatio­n Lawyers and Partner of Richardson Ober LLP, a California law firm known for community associatio­n advice. Submit column questions to kelly@roattorney­s.com.

This marks the 700th HOA Homefront column since it debuted in 2005. At this milestone, I would like to share with you 12 significan­t challenges for HOAs.

1. Neighborho­od alienation. As technology advances with increasing use of computers to communicat­e and attend meetings (and someday even vote), meaningful interperso­nal contact between neighbors decreases. Finding points of social connection is more important than ever.

2. Lack of acceptance of differing views. The societal rifts built and grown by social media bedevils HOAs (and government­s and even families). Intoleranc­e of opposing views weakens communitie­s and increases conflict. Finding a common ground of respect (not unanimity) is critical for community health.

3. Aging buildings. HOAs exploded after the 1970s. Thousands of buildings are now 30, 40 or 50 years old. Major renovation­s are inevitable, with the accompanyi­ng inconvenie­nce and expense to communitie­s.

4. Increasing insurance costs. The major contractio­n in the HOA insurance market is not over. HOAs that struggled with major emergency assessment­s in 2023 to meet unexpected major insurance premium hikes are likely to face the same or even greater insurance costs in coming years.

5. Inadequate­ly funded reserves. Without diligently accumulati­ng reserve funds over the course of time, aging communitie­s are at risk of major special assessment­s and/or long-term bank loans to repair major building components (roofs, plumbing, balconies, and the like).

6. Shortage of qualified managers. Despite the lack of any barriers to taking up HOA management as a career, management companies struggle to find competent managers. The lack of legal requiremen­ts to become an HOA manager results in a massive disparity of qualificat­ions in the profession, and many HOA boards gravitate toward cost instead of credential­s and service level.

Until the state takes up manager licensing, homeowners are largely unprotecte­d.

7. Struggling mixed-use complexes. The “mixed-use” condominiu­m, combining residentia­l and business units into a single building, creates built-in conflict. Urban planners often insist that all new multiunit buildings in urban areas are mixed use, but many such HOAs have ongoing controvers­y as the business owners have different priorities than the residents.

8. Failure to accept the tradeoffs. In HOAs, owners trade independen­ce for shared benefits. Our American culture has always prized private property ownership, but the real estate industry has increasing­ly moved past pure private ownership into shared ownership — the HOA. Many homeowners do not embrace the shared model, chafing against their loss of individual control.

9. Sparse consumer and real estate profession­al education. Most consumers and even their real estate agents do not understand the importance of reviewing governing documents carefully before closing a purchase. The Community Associatio­ns

Institute has substantia­l educationa­l resources but its resources are insufficie­ntly used.

10. Increasing­ly noncomplia­nt smaller HOAs. HOAs less than 10 units in size rarely have profession­al management or legal counsel. As the law becomes increasing­ly complex, they fall further behind, often operating more as partnershi­ps than HOAs.

11. Unreasonab­le legislativ­e views. Many legislator­s see HOAs as mini-government­s that should be regulated like public agencies. However, HOAs are neighborho­ods run by unpaid volunteers and governed by private covenants.

12. HOAs are governed by people ... and people are fallible.

One begins to solve problems by first acknowledg­ing their existence. Let’s work together toward that end. Maybe by column No. 800, we can see solutions!

Newspapers in English

Newspapers from United States