Living in a homeowners association can and should be a great experience.  Associations provide amenities, services, an aesthetically pleasant environment and a sense of community that traditional neighborhoods have a difficult time competing with.  However, in order to create a harmonious community and to maximize the benefits of living in an association – every homeowner must do their part.  Here are our Top 3 New Year Resolutions for Homeowners living in associations: 

I Will Become Acquainted with the Governing Documents of My Association

After suffering through the closing on a new home, the last thing most homeowners want to do is read the lengthy governing documents of their association.  Unfortunately, this oversight can lead to inadvertent covenants violations and problems from the start.  We recommend that, at the very least, every homeowner thumb through the governing documents to get a feel for the types of items the documents cover so they know where to look for guidance before taking action that could be at odds with their association.  Here’s a quick overview of the types of governing documents found in associations: 

Articles of Incorporation – The Articles of Incorporation is the document that creates the homeowners association and outlines items such as the principle place of business, the purpose of the association and a basic overview of the membership and governance structure of the association.  For purposes of the day-to-day operations and governance of an association, this is the least referred to governing document.   

Bylaws –The Bylaws detail the governance structure of an association, including things such as:  election of the board, powers of the board, meetings of the board, membership meetings, voting rights of members, etc.  This is an essential tool the board of directors and management of an association utilize to ensure the governance structure of the association is being followed.   

Declaration of Covenants, Conditions and Restrictions – This document is often referred to as the “Declaration” or “CC&Rs.”  The Declaration is the most important and sometimes most controversial governing document of an association.  The Declaration governs items such as the levying and use of assessments, maintenance and insurance requirements of homeowners and the association, architectural review requirements and use restrictions.  Every homeowner should be aware of the contents of this document and should comply with the requirements contained within. 

I Will Become Informed on Association Issues and Get Involved

You’ve heard the old adage that if you don’t vote for your elected officials you forfeit any right to complain about their performance.  Well the same holds true for homeowner involvement in associations.  Every homeowner should stay informed on matters relating to the operation and governance of their association.  This information can be obtained by attending open meetings of the board of directors and reading information contained in association newsletters and posted on association websites.  Homeowners should also respond to requests for input from the management and boards of their associations, volunteer for committees of their associations and consider running for positions and serving on their boards.   

I Will Communicate in an Appropriate Manner with My Association and Will Work Toward Positive Solutions

Homeowners are not always going to agree with all of the provisions of the governing documents or decisions made by their boards.  However, one of the biggest mistakes some homeowners make when communicating their dissatisfaction is to be aggressive and rude.  Screaming insults or cursing at management or the board is not an effective way to communicate concerns and reach an amicable resolution.  Before voicing dissatisfaction homeowners should make sure they are fully informed and are acting upon accurate information. Once fully informed, homeowners should communicate their concerns in a constructive and appropriate manner.  Also, homeowners should understand that association boards are charged with balancing the best interests of the association as a whole with the individual interests of homeowners.  As a result, the outcome homeowners are looking for may not always be possible.