Page 2 - Chapter 11_Zoning_101_7_26_2018_Paperback_Flip_Neat
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            Homeowners’ Association

            (HOA)                              It  is  important  to  understand  the
                                               difference   between   Zoning
            HOAs are private associations      Regulations,  Deed  Restrictions
            for marketing, managing, and       and   Homeowners   Association
            selling homes and lots in a        (HOA) Covenants and Restrictions.
            subdivision. A HOA grants the      Generally,  the  strictest  applies.
                                               For example, if the HOA allows a
            developer privileged  voting
                                               shed to be located within 5’ of the
            rights   in   governing    the     lot   line,   but   the   Zoning
            association   until    enough      requirement  is  10’,  the  Zoning
            property units are sold, while     requirement  applies.  Conversely,
                                               the opposite is true.
            allowing  the developer to

            eventually exit financial and      The  same  is  true  with  Deed
            legal responsibility  of the       restrictions.  Deed  restrictions  are
            organization. Typically the        not as critical today as they were
            developer     will     transfer    and they were often implemented
                                               before  there  were  formal  Land
            ownership  of the association
                                               Use  controls  in  place.  Deeds  will
            to the homeowners after            show   private   roads   and
            selling   a     predetermined      maintenance  responsibilities  of
            number of lots.                    the  lots  taking  access  as  well  as
                                               easements affecting the property.
            Generally any person who           Deeds   always   need   to   be
            wants to buy a  property           examined.

            within    the   area    of   a
                                               A Real Estate agent lost his license
            Homeowners’       Association      because  he  assured  the  buyers
            must become a member, and          that  they  could  construct  an  8‐
            therefore   must   obey    the     foot  fence after buying. The HOA
                                               restrictions   however,   limited
            restrictions that often limit the
                                               fence height to 6’. It is important
            owner's choices.                   for  a  Real  Estate  Agent  to  know
                                               exactly  what  restrictions  affect  a
            Most homeowner associations        property.  HOA  documents  are
            are incorporated, and are          readily available and a look at the
            subject to  state statutes that    deed  will  quickly  show  Deed
                                               Restrictions for the property. And
            govern              non-profit     of  course  Zoning  Regulations  are
            corporations and homeowner         public  information  and  staffs  are
            associations. State oversight of   usually readily available to provide
            homeowner associations is          assistance.
            minimal, and it varies from
            state to state.

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