homeowner’s association

If you have been house hunting you probably have looked at a home with a Homeowner’s Association. That means that the home is subject to a Declaration of Covenants, Conditions and Restrictions better known as a CC&R. Don’t take this lightly.

A CC&R is part of the deed to the property and is enforced by the Homeowner’s Association

They are initially set up to protect property values and in practice many do. However, many
become dictatorships that decide everything from your house color, to how many cars you can have parked there, to whether you can have pets and how big they can be to even whether you can decorate your home for holidays. Unreasonable or not, take them seriously. People have lost their homes because of HOA’s and the CC&R’s in their deed.

The CC&Rs that are part of the deed are easily skimmed over at settlement

You are signing so many things so paying attention to them can be a pain. Your Realtor should tell you ahead of time that you’re buying a property subject to them so ask to see them ahead of time. Read them very carefully or have your attorney review them. They will state explicitly what, as a homeowner, you will and will not be allowed to do.

Don’t be caught short

The rules enumerated in the CC&R are enforceable by the HOA Board, but they can’t stop the behavior. For instance, if your neighbor gets a great dane puppy and the CC&R limits the size of dogs to under 60lbs, they can’t make the neighbor get rid of the dog or move. What the can do is assess fines against that homeowner. If they remain unpaid the HOA can then get a lien against the home. A lien can be enforceable in court all the way to foreclosure. You may not think it will happen, after all you have a mortgage that will take priority to any lien. Think again. As long as the HOA pays the mortgage off from the proceeds of the sale of the foreclosed property, they can do it.

Before you buy

Before you buy, or even make an offer, review the CC&R. If the terms are acceptable, great! If not, look elsewhere. The rules aren’t going away and you will be subject to them if you buy the property.

Want a golf course home? They’re a symbol of your success and the views are great. There are a few things to watch for when shopping for a golf course home. Here are a few.

Noise and hazards

A few obvious items are golf course noise and hazards. Tour the home on a weekend afternoon when golfers are out and about. If your home is close to a tee box or tee off area people tend to chat a lot and it can be noisy.

Look for signs of whether the house or the yard is getting hit by golf balls. In Florida many golf course homes are made from stucco which are particularly susceptible to damage from golf balls.

Also look to see how private your yard and home really are. Remember that if you can see the fairway, they can probably see you.

Golf carts

Golf carts can be a nuisance too. Even though electric powered golf carts are quiet, if the course has a cart path rule (meaning that golfers have to use cart paths which are closer to the edge of the course) are by proximity also closer to you home and gas powered ones are noisy.

Homeowner’s association rules

Don’t think for a minute that your homeowner’s association will let you do whatever you want or need to do to ensure your privacy or lack of damage. Try asking them to allow you to put up a fence or a net to keep balls off your home or land and watch how fast they tell you no. Something to keep in mind as you shop.

Think that golf course is an extension of your backyard? Think again. Your yard is your yard and you will need to keep to it. The course isn’t a run for your pets or kids. So ask the size and line where your yard stops and the course starts.