A Community Association is a formal organization composed of property owners within a specific area, such as a condominium, planned unit development (PUD), or subdivision. The primary purpose of these associations is to manage, oversee and maintain common areas and interests shared by the community members.
Types of Community Associations
Condominium Association
A Condominium Association is specifically designed to manage the common elements of a condo project. These common elements may include shared structures, grounds, recreational facilities, and other amenities provided for the collective use of the property owners.
Homeowners’ Association (HOA)
A Homeowners’ Association (HOA) may be established in subdivisions or PUDs. HOAs are responsible for enforcing the rules and deed covenants set forth in the governing documents, ensuring compliance with community standards, and managing common areas such as parks and recreational facilities.
Responsibilities of Community Associations
Management of Common Elements
Community associations possess the duty of managing common elements within a development. Common elements refer to areas and facilities that are owned collectively by the property owners rather than individually. Examples include:
- Swimming Pools
- Fitness Centers
- Landscaped Areas
- Roads and Pathways
Enforcement of Deed Covenants
Deed covenants, also known as restrictive covenants, are rules imposed on property owners within a community to maintain certain standards. The HOA enforces these covenants to ensure conformity and uphold property values. These might include:
- Exterior appearance of homes
- Use of property (residential vs. commercial)
- Maintenance standards
Budget and Financial Management
Community associations typically prepare annual budgets, collect dues or assessments, and manage funds to cover expenses related to maintenance, security, and community improvements.
Special Considerations
Legal Framework
Community associations are governed by state laws, and their operations must comply with local regulations and the community’s governing documents, including the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).
Dispute Resolution
These associations often provide mechanisms for resolving disputes between property owners and the association or between individual members, through mediation or arbitration processes.
Examples
Example 1: Condominium Association
In a 200-unit condominium complex, the condo association is responsible for maintaining the roofing, exterior walls, and shared plumbing systems. They also manage the community pool and clubhouse, ensuring that these facilities are in good condition and accessible to residents.
Example 2: Homeowners’ Association
In a gated community, the HOA enforces rules regulating the type of fencing permissible around properties, the height of hedges, and the type of home improvements allowed. By maintaining strict community standards, the HOA helps preserve the aesthetic appeal and property values in the community.
Historical Context
The concept of community associations emerged in the mid-20th century as suburban living expanded. This period marked significant growth in planned unit developments and condominium complexes, necessitating organized management structures to handle shared responsibilities.
Related Terms
- Common Elements: These are parts of a property collectively owned by all members of a community association, such as lobbies, recreational areas, and building exteriors.
- Deed Covenants: Legal agreements attached to property deeds that impose certain restrictions or obligations on property owners.
- Planned Unit Development (PUD): A type of building development designed as a cohesive entity, integrating residential, commercial, and recreational spaces, with governance typically provided by a homeowners’ association.
FAQs
What is the primary function of a community association?
How are community association fees determined?
Can a homeowner refuse to join the community association?
References
- “The Homes Association Handbook,” Urban Land Institute
- “Governing Community Associations: A Manual for Residents and Board Members,” Stephen R. Barber
- “Community Associations: A Guide to Successful Management,” Clifford J. Treese
Summary
Community associations play a crucial role in managing and maintaining common interests within residential developments. Whether in a condominium or a homeowners’ association, these organizations oversee the upkeep of shared resources and enforce rules designed to enhance community living. Understanding the structure, responsibilities, and legal framework of community associations is essential for property owners and prospective buyers within such developments.
This comprehensive overview provides insights into the various aspects of community associations, highlighting their importance in maintaining organized, harmonious, and well-managed communities.
