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Step 1—Before you buy a house, read and understand the CC&Rs, rules, bylaws and other documents that apply to the community where the home is located. Never skip over any sections that you don’t understand. Never assume that a provision will not be enforced because it doesn’t seem fair. Get an attorney to explain anything you don’t understand and have the attorney explain the legal consequences should you not comply with that particular provision. If you don’t like what you read, then move on to another community.
Step 2—Get actively involved as soon as possible. Introduce yourself to the president, manager, or other directors/officers as soon as you move in. Attend the association meetings. Volunteer your time and serve on the board or a committee. You will find that through your service you will develop a greater sense of community, will feel more pride in your community, and will understand even more fully the importance of keeping your own property in compliance.
Step 3—Be friendly. I think you’ll find that 99.9 percent of the time, conflict can be resolved by open, friendly communication.
Step 4—Admit when you are wrong. Don’t be a stick-in-the-mud. If you did something wrong, then fix it. If you receive a fine that is justified, pay it.
Step 5—Get legal advice if you need it. If you find yourself in a sticky situation, seek out competent legal advice EARLY and BEFORE you are sued. Most associations will send you a letter warning you that they will sue you unless you fix something. Generally, those letters also outline the steps you must take to fix the problem. Either comply with the steps (if reasonable) or take the letter to an attorney for legal advice. Never ignore those letters. If necessary, hire the attorney to help resolve the problem.
Step 6—Find out how many lawsuits the HOA has prosecuted or defended. This is an important step and is really easy to do. Most Superior Courts have a Web site where you can enter an association’s name and all cases that include that name will appear. It may be wise to not buy in a community with a history of lawsuits because it indicates that a lot of money is spent on attorneys’ fees. It also means there have been problems between the homeowners and the association, or what you may call a lot of “bad blood,” in that particular community. I don’t know about you, but I wouldn’t want to live in a place like that.
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