Becoming a HOA member

Hi All,
What is that we need to know to become a HOA director/member?
What are we responsible for?
What are CCR's? are they common to all the communities? Where can I find the rules.
My community is in NC.

You don't say whether you recently moved into this community - if so, go through the documents you should have received at closing and look for documents that indicate you live in a homeowner association community. If you don't see anything, contact the property manager of the community and ask for a copy. If you don't know who THAT is, ask a neighbor or two (maybe three).

This will vary by community, but in ours, our governing documents consist of the Declaration, which established the community, the articles of incorporation, which established the HOA as a non-profit corporation, the Bylaws, which dictate how the corporation is run (e.g. who's a member, number of board members, length of terms, etc.) and the covenants, conditions and restrictions (CCRs) dictate how the common areas are to be used. This is where you may see rules regarding pets, parking, if you need prior approval for making certain changes to the exterior of your house and so on.

It would have been helpful if you'd received the documents to review before you bought your home, but then again, many of us learned this stuff the hard way - after we moved in! You can do several Google searches or just search this website and get all types of basic information on HOAs - that's a start, but you'll need to get a copy of YOUR community documents and read them to see how they affect you. Happy hunting!

To be honest, you need to know little to nothing to become a Director of an HOA.
To execute the duties of your position (and likely any Officer position you are assigned to) you need to know a fair amount.

Since most Directors learn while performing the work, I applaud you for looking ahead.

Here are some resources:

The Board Member Toolkit from CAI

DOs and DON’Ts for new HOA board members from the Charlotte Observer

Beginners Guide to HOA Board of Directors Duties and Responsibilities from ECHO


As a Director, you are responsible for the maintenance, repair and replacement of the common areas, common elements and common amenities. You are also likely involved with enforcement of the covenants and adopted rules/regs of the Association. You also have a fiduciary duty to the members of the Association. The Board of Directors makes the decisions for the Association (which is done by majority vote).

As an Officer, and typically Officers are appointed from amongst the Directors, you are responsible for implementing the Decisions of the board and carrying out the day to day tasks of the association.


The CC&Rs, also known as the Covenants and Deed Restrictions is the contract that everyone agreed to follow. This document also specifies what the Association is responsible for and what services the Association is to provide. As pointed out earlier, the full name is the Declaration of Covenants, Conditions and Restrictions.

CC&Rs (which may be called by other names) are part of every Associations governing documents. Although there are similarities, each set of CC&Rs differ between Associations and between States.

You may obtain a copy of the CC&Rs from your Association or local property records office.


There are multiple documents that Associations must comply with. From Federal and State laws to their own set of governing documents. A brief summary is (from HOA-USA:

The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.

The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.

The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.

The Bylaws are the rules for management and administration.

Resolutions are additional rules and regulations that the association may adopt.

Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes), FHA Condominium Mortgage Insurance, Freedom to Fly the American Flag, EPA 2008 Lead-Based Paint Renovation, Repair and Painting Program Rule, and the Fair Debt Collection Practices Act.

State Condominium Act or HOA act (if they have one).In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.

Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.

Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Hope this helps,

Tim

No

Welcome to the forum, Lava.

It's important to get the basic language straight in your mind. As a homeowner, you ARE a member OF your HOA (Homeowners Association). Owners/members' obligations and rights are spelled out in your CC&Rs (whatever they're called in your HOA). Depending on how complicated your HOA is, this document might be quite long & boring. But if it's any good, it has a Table of Contents where you can look to find, for instance "Members' [ that's you!] Obligations."

Also there usually is sort of a dictionary in the front that gives import definitions of things in you HOA. I'd start by skimming through those definitions to learn the unique lingo of HOAs.

When you bought your home or condo, you signed saying you agree to abide by your HOA's CC&Rs. If you've misplaced yours, others have said how you can get a copy. CC&Rs all are recorded in your county recorder's offices. But your Board of Directors, if you have no property manager (PM), or your PM should provide you a copy.

Are you still under developer control? In other words, does the builder of your HOA still actually govern it? Or is there a Board of Directors that Owners elect?

If there is a Board of Directors (the usual name), You could become a member of it--a director-- by being elected by your fellow homeowners. Yes, you with your fellow directors, vote & a majority make decisions about your HOA. If a vacancy occurs on the Board, you could inform the Board that you'd like to serve. Your main duty, as Tim points out is: "... you are responsible for the maintenance, repair and replacement of the common areas, common elements and common amenities. You are also likely involved with enforcement of the covenants and adopted rules/regs of the Association. You also have a ... duty [of loyalty & care] to the members [Owners} of the Association."

How elections work in your HOA, how to fill vacancies on the Board, are usually in your HOAs "Bylaws." This governing document, which usually isn't recorded in your county, which is subordinate to your CC&Rs, is about the structure of your Board, elections by HOA Members, how many should be on the board, etc. It might not be be very long, maybe 12-20 pages.

Your HOA's Rules & Regulations usually are about things like parking, and other matters concerning members' conduct. It also might include requirements about exterior architectural guidelines like paint color, etc. Or That might be a separate document. Sheila gives good definitions of these documents.

Insurance: It depends what your HOA's insurance policy says. Your might be completely responsible for everything about your home. The HOA probably doesn't cover you personally. But the HOA's insurance of your HOA's common areas--places that everyone may use--maybe a pool or gym,etc.-- probably has liability protection in case you get injured and it's the HOA's fault. Again, read the policy.

Lava,

Regarding insurance,

The Association typically carries:

Liability Insurance (similar to the liability protection you have with your homeowners policy) to protect the Association from any issues that happen on common areas/common elements

Directors and Officers Insurance (D&O) which will provide legal representation the individual Directors, Officers and Committee members from any legal action a member may bring against them personally (which doesn't happen often).

Crime Insurance and/or a Fidelity Bond which minimizes the losses if funds are embezzled or stolen.

Condominiums will have (for lack of a better name) Condominium insurance, which acts as the Associations homeowners policy for common elements within a condominium.

Additionally, there may be various other policies depending on common amenities the Association provides.

All of these policies protect the membership but not in the way you are thinking.

For example:

If a tree falls onto your home in a storm, the Associations insurance (minus the deductible)will remove the tree from your property line into the common area. Your homeowners insurance (minus your deductible) will remove the tree from the property line into your home and repair any damage done to your home. If there is an issue of negligence, the two insurance companies will resolve the issue between each other.

If someone is injured at the Association pool, the Associations insurance will deal with the issue. If the Association did not have insurance, the individual hurt might bring legal action against everyone who is a member (you and your neighbors). By being incorporated, the Association also provides a corporate shield to keep that from happening.