Before You Buy A House With An HOA, Check These 10 Rules That Could Change Everything From Where You Park To What You Plant

Falling in love with a house is easy. Reading the rulebook that comes with the neighborhood is the part most buyers skip.

A suburban house with a car parked out front and a freshly planted shade tree in the yard.

If the home sits in a homeowners association, a thick packet of covenants, conditions and restrictions, often called CC&Rs, may decide how you live there. According to Nolo’s legal encyclopedia, CC&Rs are binding on members and typically “run with the land,” so they stay with the property when it is sold.

Below are 10 things to check, drawn from Nolo, a Redfin checklist for vetting an HOA community, and a Mortgage Reports article on reviewing CC&Rs. Every HOA is different, so your own documents always win.

Where You Can Park, And Where You Cannot

Nolo says CC&Rs may bar parking in certain areas and limit overnight parking for guests. Redfin adds that buyers should confirm the rules on street parking, commercial vehicles, guest parking and storing RVs or boats in driveways.

The Mortgage Reports gives one example from Derrell Shaffer of Tomo: a CC&R that allows one parking spot per home. If you own two cars, that matters.

What You Can Plant, Mow And Maintain

Nolo notes that CC&Rs can restrict your landscaping choices and regulate general upkeep. The Mortgage Reports mentions mowing schedules and permitted types of foliage.

Shaffer also gives an example of a required lawn standard that could cost $150 per month beyond the standard HOA fee. Treat that as an illustration, not a price tag, since every association sets its own standard.

Which Pets Make The Cut

Redfin tells buyers to look for weight limits, breed restrictions and caps on the number of pets. Nolo says CC&Rs may ban specific animals, such as livestock or certain dog breeds, or cap how many pets you have.

If a four-legged family member is coming with you, read this section before you make an offer.

The Paint Colors And Fence Styles Rule

Nolo says CC&Rs can limit which colors you may paint your house. The Mortgage Reports cites “acceptable paint colors or fence styles,” with an example of a rule that specifies one white paint for trim.

Redfin suggests finding out how strictly the board regulates painting, fences, decks and other structures. A strict board can slow down your renovation plans.

Whether You Can Rent The Place Out

Redfin says to check whether short-term rentals are allowed, whether leasing is capped or waitlisted, and whether you must own and live in the home for a set period before renting it out.

The Mortgage Reports also lists rental limitations among the use restrictions to look for. If you might move for work and keep the house, this one is huge.

Noise, Flags, Solar And Trash Can Rules

The Mortgage Reports lists noise restrictions among the use rules, along with displays of political, religious or sports items, holiday decorations and flags. Shaffer calls solar panels and firearms “hot-button issues” for many HOAs.

Another source, Seamus Nally, cites trash can placement as an example of a strict rule. Small things can bring a letter in the mail.

How Fast The Dues Can Climb

Redfin advises checking the bylaws for the maximum percentage the board can raise dues without a homeowner vote. It also says steady, modest annual increases, roughly 2 to 4 percent, suggest sound planning.

Sudden large jumps, or several years of no increases followed by a spike, may signal poor financial oversight, according to Redfin.

Whether The Reserve Fund Is Healthy

Redfin recommends requesting the current budget, balance sheet and a recent reserve study. Then compare the reserve study’s recommendations with the balance sheet to confirm reserves are being funded on schedule.

Ask about special assessments too. Redfin suggests asking whether any were charged in the past three to five years, what they paid for, and whether any are under discussion.

What Happens If You Break A Rule

Redfin says to understand the penalties for violations, such as fines, loss of amenity access or liens. The Mortgage Reports lists a courtesy notice or warning letter, fines, restricted access to shared amenities, and HOA entry to fix a violation with the cost billed to you.

It adds that liens can block a sale or move until paid and, in extreme cases, lead to foreclosure or eviction, according to Shaffer.

How To Get The Documents And Change The Rules

The Mortgage Reports says you can request the CC&Rs from the HOA or seller during a showing or open house, or check the HOA website, since most associations post governing documents online. Seamus Nally says most state laws typically require buyers to receive a copy before purchase.

It also notes that CC&Rs can be amended, so read the document for the vote threshold. Redfin suggests a simple test: have your agent request a copy from the management company and see how quickly it responds.

A quick walk around the neighborhood helps too. Redfin suggests checking whether the pool, clubhouse, landscaping and roads are well kept, and whether neighbors seem happy with the board.

Take your time with the packet. Reading it before closing costs nothing, and it can show you whether the neighborhood suits the way you actually live.

If something in the documents worries you, ask for clarification in writing and keep the answer with your purchase papers.

Willow and Hearth