Page 3 - Chapter 11_Zoning_101_7_26_2018_Paperback_Flip_Neat

ZONING 101

HOAs will most likely have an Architectural Review Committee
that will need to approve improvements and changes to
homeowners’ properties. This will include changes to the exterior
of the property including additions, out buildings, fences, exterior
color changes and often removal of trees. These committees help
insure the standards of the community. It will keep your neighbor
from painting their home Day-Glo Pink!

In addition, there will be HOA Covenants, Conditions and
Restrictions as well as Bylaws, Maintenance Obligations and
other pertinent rules and procedures. These documents will be
publically recorded and referenced on the recorded development
plats and surveys. When there is a conflict between local
governing laws and the HOA covenants, the stricter of the two
take precedent.

The sidebar outlines some important points that real estate agents
must understand. Every agent involved in selling or buying in a
HOA community should familiarize themselves with the HOA
requirements and procedures in the community. The property
owner will probably have a set of copies. Most HOAs will have a
website which contains the documents as well. The sidebar refers
to differences in Zoning Regulations, Deed Restrictions and
HOA Covenants and Restrictions. A real estate agent should be
aware of any and all of these and how they impact the property,
and what the consequences can be if they don’t.
A HOA will have fees or dues and an agent should know what
these are. Fees need to be considered when buyers investigate
purchasing, are they reasonable, how often, if at all, do they
increase, etc. These fees or dues must be paid and if not, the HOA
can place an assessment lien on the property which is also a cloud
on the title and the house could not be sold until past dues are
paid. The HOA can foreclose on the property as well. These things
would need to be clarified by an attorney, but an agent should be
generally aware.

Fees will vary by the types of properties. For example, I live in a
mixed use community with Single-family detached homes and
Townhomes. The HOA fees are higher for the townhomes than
the single-family homes. More things are covered by the HOA for

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