Editorial: Closer look at HOAs

Homeowners associations are supposed to help keep the peace and maintain property values in neighborhoods, so it’s somewhat disconcerting to hear descriptions about heavyhanded tactics some impose on recalitrant dues payers, including the threat of foreclosure.

Those stories emerged recently as a state legislative committee held hearings on legislative proposals that would impose more regulations on homeowners associations with the aim of limiting some of their powers and giving residents more recourse when they don’t believe they’re being treated fairly. The legislature has weighed such legislation in the past without acting, but the movement now appears to be gaining some momentum. The Select Committee on Homeowners Associations plans additional hearings around the state.

And it appears that some additional regulatory restraints are in order. Homeowners associations shouldn’t use heavyhanded tactics against residents, and the idea of foreclosing on a home because the owner is $50 behind on dues — one of the stories offered — sounds like overreaching in the extreme, especially when many residents are simply struggling to pay mortgages and property taxes. While an HOA needs some enforcement powers, conflict resolution should stop short of seizing property.

It’s unfair to characterize all HOAs by the actions of a few, however. HOA leaders also had their stories to tell about unpaid dues and uncooperative homeowners. What might preserve neighborhood tranquility more than additional laws is more due diligence. A little research can help avoid problems. Prospective buyers should find out whether a development has a homeowners association and, if so, study its bylaws. Verify what the dues are, what covenant restrictions may apply and what your options are if you find yourself in a dispute with a neighbor or the association itself. Talk to other residents about their experience of working with the association.

Ideally, homeowners associations exist to protect property owners by ensuring that homes and common amenities are maintained, as well as by addressing safety issues and other concerns. Residents should pay their dues, respect bylaws and be prepared to demand changes in leadership if they’re dissatisfied with the way things are being run. Homeowners associations, in turn, should be responsive to residents and try to resolve conflicts through negotiation rather than intimidation or coercion. A clear understanding of rights and responsibilities can help head off clashes and avoid costly legal battles.