New home owner in a new development. Where do I start?

Started by StevenF3 • 4 replies • 1105 views

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StevenF3 (Kansas)
Posts: 2

Posted:

MY wife and I have just started the process of building a new home in a development that is probably 3/4 the way full. OUR current home is listed for sale and we are ready for a new endeavor and new neighbors. FOR many years I swore that I would never live where someone had a say in what I did to my own property. WEll, after four years with a trashy hoarder on one side, and not much better on the other, I'm ready to participate in an association. As it stands, my neighbors will probably cost me greatly in order to sell my current home that I keep up to an HOA standard. WITH that being said... where do I start learning about how HOA's operate, critical information, etc? I'VE read all of the written information about where we are building, but I'd like to be more involved, both to help my new neighbors and to ensure I never have to deal with what I am now in my non-HOA. I assume since there is still homes going up and active model homes, that it is still under control of the developer, but I'd like to become more informed and prepared to be a helpful part of my new development.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Steven,

Welcome to the forum.

I expect that your new home is in Kansas.

One thing to keep in mind is that when the Association is controlled by the Developer, the documents are written to support them. Once the Association is turned over to the membership, you should expect changes (based on who is serving on the Board). Developers also tend to keep assessments artificially low. Therefore, expect an increase in assessments when control transfers.

As for information, I can offer the following resources:

Info in General:

Read and understand your own governing documents

Kansas Condominium & Homeowner Association From Community Association Network (has links to applicable news articles, applicable laws, etc.)

Guide to Understanding Homeowner Associations For association boards, residents, and new home buyers by HOA-USA

HOA or Homeowner Association - What is an HOA? by neighborhood link

Best Practices Reports by the Foundation for Community Association Research

For info on Transition (transferring control to the membership):

Transition pdf document by the Foundation for Community Association Research

Developer/Homeowner Transition: A Guide To Success by neighborhood link

For info on Reserves:

Subject: Reserve Studies/Funds 101 Thread on this forum which has additional links (broken links may have been repaired later in the thread) about Reserves. Understanding Reserves is as important as understanding your governing documents.

If you decide to serve on your Board:

The Board Member Tool Kit A GUIDE FOR COMMUNITY ASSOCIATION VOLUNTEER LEADER from CAI

A GUIDE FOR HOMEOWNER ASSOCIATION BOARD MEMBERS by HOA-USA

There is more, but this is likely enough to start with.

Hope it helps,

Tim

StevenF3 (Kansas)
Posts: 2

Posted:

Very helpful tim, thankyou. I am working through the literature now. I feel stupid for saying this, but the state law literature is not easily comprehendable.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Legalize rarely is.

See:

Subject: How to read a statute (law) Thread on this forum.

A GUIDE TO READING, INTERPRETING AND APPLYING STATUTE from Georgetown University Law School

Hope these help.

Tim

MelissaP1 (Alabama)
Posts: 13,836

Posted:

A HOA isn't just having someone telling you what you can or can not do. Your also involved in that decision making. You also have the power to have others comply to the rules too. The most misunderstood thing about HOA's are that they are to "Keep up home values". That isn't true. They are basically a sales tool to make the homes look more ATTRACTIVE to potential homeowners. The more orderly and nice the HOA looks the more likely one will purchase and purchase closer to the sales price.

I would start at reading your HOA's documents. The CC&R's and Articles of Incorporation are PUBLIC documents. Should be available at your local court house. The By-laws and ACC (If you have an ACC) is HOA documents. Make sure to attend meetings when available.

Tim gives good advice. Recommend reading some posts here. Please don't re-open old posts. Welcome to the forum!

Former HOA President

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