MANGROVE REALTY ASSOCIATES
Lori Madden, MANGROVE REALTY ASSOCIATES
Email: [email protected]

Should You Join Your HOA?

by Lori Madden 01/24/2021

Photo by RawPixel.com via Shutterstock

When it comes to homeowner’s associations, you need to know what type yours is before you determine whether to “join” it. There are two types of associations, covenant-based and voluntary. When homeowners ask about requirements to join a homeowner’s association, they may believe it is optional, but if our association is covenant-based, you have automatic membership by virtue of being a property owner.

Here’s How They Work

A voluntary association is a group of property owners that collectively decide how to improve their neighborhood. By the time you move into the neighborhood, the HOA may be well-established, so you’re not aware of how it started. Such HOAs are more similar to neighborhood improvement clubs, local sports team sponsors and other folks that join in order to develop a sense of community.

A covenant-based HOA is a contract that is part of the land purchase agreement within a development. That means that all property owners automatically must retain membership and that agreement is binding on all future owners within the specified development.

Future Owners

You might question how a contract is binding on future owners, but in the case of a covenant-based homeowner’s association, the covenant “runs with” the property as recorded in the county land records office. The document that spells out the covenants attaches to the property deed. When you buy a lot or home in the development, the original deed and any liens or covenants that attach to it become your responsibility.

Often, the original developer set up and controlled the association until the last piece of land sold or a sufficient number of homes sold so that the running of the association could transfer to the owners. Typically, these determinations are part of the original covenant documents filed with the county records. HOAs run by a board of elected owners from within the development. Unlike a voluntary association, renters or leaseholders cannot become members even though they are bound by the rules and conditions of the association.

Know Which Type It Is

Before you choose to purchase a home in a neighborhood with an association, learn whether it is voluntary or covenant-based. Ask to see copies of the covenants, conditions and rules (CC&Rs) before you commit to purchasing in that development. Your real estate agent can write a contingency into your purchase contract to require approval of the CC&Rs if you’re concerned about living within the HOA.

About the Author
Author

Lori Madden

As a Florida native growing up in Sarasota, I have seen my hometown grow from a sleepy coastal town to a highly sought-after destination along the shores of the Gulf of Mexico. After working in Chicago for 5 years, I returned to Sarasota and saw it through a new lens and really began to appreciate what makes Sarasota so desirable, including temperatures that allow for year round outdoor activities including tennis (a personal favorite), golf, boating, kayaking, fishing, paddle boarding, or just relaxing and/or shelling on our pristine sandy shores, including Dr. Beach’s #1 beach in the United States for 2017, Siesta Key! Sarasota’s cultural amenities are many and diverse, appealing to a wide range of arts lovers. Downtown Sarasota has become a destination in itself, drawing many new developments for those who want to be within walking distance of Main Street's offerings and the picturesque bayfront and marina. Foodies will find an eclectic mix of locally owned and operated restaurants offering something for everyone, and there are now Farmers Markets every day of the week in various locations throughout Sarasota, but the Saturday morning Farmers Market in downtown Sarasota draws the biggest crowds. Since 1988, my passion has been selling real estate, representing both buyers and sellers. I have been recognized by my clients and customers for an uncompromising work ethic and dedication to helping them achieve their real estate goals. Relying on my experience as a real estate paralegal and being highly organized, I am able to help make the transition between contract and closing a smooth one for my clients. With an eye for interior and landscape design, I've been known to pitch in and help Sellers minimize and/or reorganize their belongings in order to stage their home to maximize its sale potential. I specialize in out of state buyers looking for their piece of paradise along the Gulf Coast and make it a priority to keep them up to date on our quickly changing local real estate market. I welcome the opportunity to share with you all Sarasota and her surrounding islands have to offer!