What are the 3 most common issues affecting planned communities?

HOA Board is a TeamLiving in a planned community certainly has its pros and cons. Those who are looking for a less restrictive type of living arrangements are not prime candidates for association life. However, some people do like the economy of scale generated by the many instead of the few and do not mind to letting go of some freedoms in order to utilize cost sharing.

People in common interest associations do give up some property rights in exchange for other owners giving up the same rights. This provides more standards than zoning, and more rules than local ordinances, likely enhancing property values. However, the knife cuts both ways.

Rentals, doors, decorations, flowers, flags, drapes and shades, patio roofs, trucks in driveways, fences, basketball hoops, dog droppings and noise in your own unit may have restrictions and are all possible areas of causing friction.

The 3 Common Issues Affecting HOA and Condo Associations

Hopefully, this explanation will give you a better understanding of what association living means. Along with rules, there are also legal restrictions regarding rentals and FHA financing that need to be considered.

1. Restrictions on Rentals and Property Rights

Most declarations and governing documents did not restrict rentals when written. Changes to the Declaration or other governing documents which further limit an owner’s right to enjoy his or her property are usually strictly held to amendment procedures required under the documents.

A board may choose to take the short route and adopt rules by executive action, when rental restrictions may require amendment of the Declaration.

 

2. Financing Issues from High Percentages of Rental Units

Leasing restrictions are a limitation on ownership rights but justified by FHA and other government-backed loan entities.

FHA loans are historically unavailable if more than 50% of units are investor-owned. October 2016 FHA Mortgagee Letter 2016-15  affirms 50% restriction but makes exceptions as low as 35% owner occupancy in existing associations.

The House Bill – 3700 of 2016 lowered the number to 35%, but gave HUD Secretary the authority to raise the number in certain areas based on several factors.

Know The Rules3. Changing the Way Your Home Appears

Most if not all planned communities have restrictions regarding the common appearance of homes and units and as such may limit your ability to add things like:

  • Decks and patios
  • romm Additions
  • Swimming Pools
  • Paint colors and trim

 

Many people firmly believe their home is their castle and others should not have the power to regulate their choices. Clearly planned community living is a bad choice for them.

Additionally, associations often have restrictions regarding pets, parking, flags, decorations, flowers, screen doors, and a home business – among other things. In planned communities, pet, parking, flag, decoration, flower, screen door, and a home business restrictions may shock buyers who have not owned in associations before.

 

In planned communities, pet, parking, flag, decoration, flower, screen door, and home business restrictions may shock buyers who have not owned in associations before. Click To Tweet

Rinaldo Acri-CEO Acri Commercial RealtyRinaldo Acri states “Buyers need to understand the benefits as well as the limitations of association living.”

Be sure to assess the costs of dues and special assessment before you make a decision to purchase. Association living is not for everyone and should be carefully considered before signing a purchase agreement.

Disclaimer: This content including advice provides generic information only. It is in no way a substitute for qualified legal opinion. Always consult a specialist or your own attorney for more information. Acri Community Realty does not claim responsibility for this information.
Acri Community RealtyAbout Acri Community Realty: Acri Community Realty, located in the Greater Pittsburgh Area, specializes in custom HOA and Condo property management solutions, scaled to fit your needs.

Acri is known for the great care and pride in the work done to protect and enhance the value of your investment. They have the privilege of managing a diverse portfolio of properties while caring for each and every home like it is their own.

If you’ve had any issues with your HOA or Condo that you’d like Acri to try and delve into, and possibly write about later contact us via our website at ⇒ Acri Community Realty. We are interested to hear about your experiences and how an association has helped or hurt.


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