HOA and COA Representation

With all the added security concerns evolving today, it’s not surprising that many developers, builders, and land use architects are designing private neighborhoods and planned communities as private associations with property owner covenants and restrictions. Many of these planned communities, subdivisions, or neighborhoods are without gated security structures but still retain all the characteristics of being governed by an organization or association. These HOA or COA’s are designed to establish rules for property and residents. In turn, residents who purchase property within the organizational boundaries or jurisdiction become members and are required to follow the rules and regulations established and pay contributing dues. Those that either violate a rule(s) or fail to pay obligated dues face additional fines, censorship, and or legal action. Interestingly enough, more and more real estate buyers are interested in paying for what they believe to be added security, and a strictly enforced governance of rules and regulations that help control their neighborhoods. Many believe the added expense is justified over the value they receive from these types of communities and the added expense is just included in their living expense and budget. These expense issues can be a factor for some new homebuyers looking for the greatest housing value for their dollars spent while trying to stay within a budget. HOA and COA fees can get quite expensive depending on a number of factors including amenities included, 24-hour security offered, and costs including property management fees, landscaping, and other primary service expense. HOA’s and COA’s service fees pay for the upkeep and maintenance of all common areas, additional community amenities, and even the handling of disputes between homeowners and the association that governs them. There are specific laws that govern homeowners and condominium associations depending on the nature of the association. Many of these organizations are non-profit and as such are governed as other non-profits. One thing, that all of these types of entities have in common is that they can benefit from a lawyer who possesses the legal knowledge and experience dealing with associations from their formation: i.e. creating governing documents, including the declaration of covenants, conditions, and restrictions, to all of the day-to-day legal issues that might develop.