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HOA : The Role Of Homeowners Associations In Housing Communities

Homeowners Associations (HOA)Homeowners associations (HOA) are legal corporations formed by a real estate developer to market, to manage, and to sell homes and lots in a residential subdivision.

They’re most commonly formed for condominiums and planned urban developments (PUDs), a category which includes suburban communities. 

HOA Articles of Incorporation typically grant developers privileged voting rights in governing the association during its infancy, while providing the means for the developer to exit financial and legal responsibility for the organization, transferring ownership to the homeowners of the association.

This transfer typically occurs after a predetermined number of units have been sold — often two-thirds of the available lots and/or units.

Each homeowners association enforces its own governing documents in the form of restrictive covenants, by-laws, architectural guidelines and regulations. Together, the “rules” of an HOA are meant to define the community standards for the purpose of protecting property values.

Restrictive covenants vary widely from homeowners association to homeowners association. Covenants may include guidelines on issues as varied as where parking is permissible; planned architectural improvements; and, landscaping.

HOAs in Worcester County area often enforce these common restrictive covenants, among others :

  • •Boats, utility trailers, RVs, and commercial vehicles may not be parked in driveways and streets
  • Homes may not be painted in “loud” colors
  • Yard signage may not be political in nature, nor defamatory
  • Lawn care must be performed routinely to prevent overgrowth
  • For condos with balconies, towels and clothing may not be draped on railing

For homes governed by an HOA, membership in the homeowners association is a condition of purchase; buyer are not permitted to opt-out.

Homeowners associations make their by-laws available upon request to existing, governed homeowners and will often make by-laws available to prospective home buyers as well. Review community guidelines before buying into a building or neighborhood, and before beginning a home improvement project. It’s important to know what actions are permissible and what actions are not.

In addition, most mortgage lenders require HOA by-laws as part of the mortgage approval process.  

Simple Real Estate Definitions : Right To Cancel

Right To Cancel noticeAs part of the federal Truth-in-Lending Act, refinancing homeowners are granted a 3-day “cooling off” period post-closing during which they retain the right to rescind, or “cancel”, their recent refinance without penalty or cost.

The Right To Cancel is protection against surprises at closing and/or a change of heart. It’s also a safety valve for homeowners signing paperwork under duress. With 3 days to revisit and rethink the terms of a loan, a homeowner can maintain tighter control of his/her financial situation. 

If you ever have the wish (or need) to execute (more…)

Simple Real Estate Definitions : Home Inspection

Get a home inspectionWhen you preview homes as a home buyer, you can get a good feel for the home’s visible traits — its finishes, its room counts, and its landscaping, for example. What you can’t get a feel for, though, is the home’s “bones”.

It’s for this reason that real estate professionals recommend that you have a property formally inspected immediately after going into contract for it.

A home inspection is a thorough, top-to-bottom check-up of a property’s structure and systems. It is not the same as a home appraisal, which is a valuation of the property. By contrast, (more…)

Simple Real Estate Definitions : Tax And Insurance Escrow

Escrow taxes and insuranceAs a homeowner, your fiscal responsibility extends beyond just making mortgage payments. You must also pay your home’s real estate taxes as they come due, as well as your homeowners insurance policy premiums.

Failure to pay real estate taxes can result in foreclosure. Failure to insure your home is a breach of your mortgage loan terms.

There are two methods by which you can pay your real estate tax and homeowners insurance bills.

The first method is to pay your taxes and insurance as the bills come due, usually semi-annually. Depending on your home’s tax bill size and the cost to insure your home, these payments can feel quite large — especially if you’ve failed to budget for them properly.

The second method of paying your taxes and insurance is to give your lender the right to pay them on your behalf, a (more…)

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