法律英语：31 Homeowners' Associations

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.   
 
Happy new year, loyal listeners! Today’s topic is homeowners' associations, or HOAs. Jason from North Carolina wrote:
 
I have a question regarding homeowners' associations in California. My wife and I are thinking of moving from the east to the west coast and purchasing our first home. From all of the home listings that we have reviewed there appears to be home owner fees that range from around $100 to $300 per month. We are concerned with the cost of houses in southern CA so we would like to know if there is any law that requires you to be part of the HOA. Are we legally required to join the HOA when we purchase a house? Also, what laws give the HOA the right to tell my wife and I how we can decorate our private property?
 
Simply put, property rights and laws in California are wacked out. Part of my private practice is dedicated³ to property disputes, so I understand how frustrating⁴ these issues can be. The short answer is that, yes, you can be forced to join the HOA.
 
A large amount of property in California, especially in urban areas, is located within “common interest developments,” which are forms of real estate where each owner holds exclusive rights to a portion of the property, and shared rights to common areas. A common example is a condominium building. You buy the exclusive rights to your specific apartment, and share the common areas, such as the lobby, mailroom, gym and courtyard, with the other owners. You can exclude the other owners from your apartment, but share the common areas with the other owners. Another example is a planned development, where the owners typically hold exclusive rights to an entire house detached from the other houses, but share property rights with respect to common driveways and green space.
 
In California, the vast majority of these common interest developments are controlled by the Davis-Stirling Act. The Act controls the formation and operation of common interest developments, and also governs the creation of HOAs. An HOA is an incorporated or unincorporated entity⁵ that oversees⁶ the management of a common interest development. A group of governing documents, often called a declaration of covenants⁸, conditions and restrictions⁹, aka CC&Rs, dictates¹¹ how the HOA operates, and what powers they have, including how assessments¹² can be levied¹³ and what restrictions the HOA can place on your ability to decorate.
 
Jason’s first question is whether he can be forced to join the HOA. The simple answer is that, yes, you can be forced to join an HOA if the property you are buying is governed by CC&Rs that require it. If you want to buy a house, and that house happens to be part of a common interest development, then you must abide¹⁴ by the CC&Rs. Almost all common interest developments require CC&Rs by statute¹⁵. If you buy a house that is not part of a common interest development, then no law forces you to join any association; it all depends on the property.
 
The reason that the CC&Rs can bind¹⁶ you is that CC&Rs are considered to be covenants that run with the land or, alternatively, equitable¹⁷ servitudes. The precise definition of these legal terms is not important. For the purposes of this discussion, it is enough to say that the rights granted and responsibilities imposed by the CC&Rs remain with the property even after it is sold or transferred.
 
Jason also asked whether the HOA can dictate¹⁰ how they decorate. The simple answer is yes, the HOA can do whatever they want so long as the CC&Rs allow for it. Now, an HOA cannot break other laws in doing so, or act in a discriminatory manner. But, almost anything else is fair game. Think of Martha’s Vineyard. If you have visited, or ever intend to, take note of the color scheme of the houses in the main part of Edgartown. You will notice that all the houses are white with black shutters¹⁸. This is an example of a covenant⁷ that requires the owners to act in a certain way. If you want one of those gorgeous houses, you have to play by the rules that come with the house.
 
But, buying a house subject to the rules of an HOA is not necessarily a bad thing. Many HOAs use HOA funds to keep common areas in excellent and beautiful condition, or improve the value of the building as a whole. Your investment will increase with no physical effort; you effectively pay the HOA to add value to your investment. However, HOA disputes can be … messy.
 
It is a personal choice, with many considerations, whether to buy property subject to an HOA. Only you can decide if the burdens are worth the benefits. But, the law does require you to join the HOA if you purchase property subject to the Act.
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁹ Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com.
 
You can send questions and comments to...........or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 dedicated   

adj.一心一意的；献身的；热诚的

参考例句：

• He dedicated his life to the cause of education.他献身于教育事业。
• His whole energies are dedicated to improve the design.他的全部精力都放在改进这项设计上了。

4 frustrating   

adj.产生挫折的，使人沮丧的，令人泄气的v.使不成功( frustrate的现在分词 )；挫败；使受挫折；令人沮丧

参考例句：

• It's frustrating to have to wait so long. 要等这么长时间，真令人懊恼。
• It was a demeaning and ultimately frustrating experience. 那是一次有失颜面并且令人沮丧至极的经历。 来自《简明英汉词典》

5 entity   

n.实体，独立存在体，实际存在物

参考例句：

• The country is no longer one political entity.这个国家不再是一个统一的政治实体了。
• As a separate legal entity,the corporation must pay taxes.作为一个独立的法律实体，公司必须纳税。

6 oversees   

v.监督，监视( oversee的第三人称单数 )

参考例句：

• She oversees both the research and the manufacturing departments. 她既监督研究部门又监督生产部门。 来自《简明英汉词典》
• The Department of Education oversees the federal programs dealing with education. 教育部监管处理教育的联邦程序。 来自互联网

7 covenant   

n.盟约，契约；v.订盟约

参考例句：

• They refused to covenant with my father for the property.他们不愿与我父亲订立财产契约。
• The money was given to us by deed of covenant.这笔钱是根据契约书付给我们的。

8 covenants   

n.（有法律约束的）协议( covenant的名词复数 )；盟约；公约；（向慈善事业、信托基金会等定期捐款的）契约书

参考例句：

• Do I need to review the Deed of mutual Covenants (DMC)? 我是否需要覆核公共契约(DMC)吗？ 来自互联网
• Many listed and unlisted companies need to sell to address covenants. 许多上市公司和非上市公司需要出售手中资产，以满足借贷契约的要求。 来自互联网

9 restrictions   

约束( restriction的名词复数 )； 管制； 制约因素； 带限制性的条件（或规则）

参考例句：

• I found the restrictions irksome. 我对那些限制感到很烦。
• a snaggle of restrictions 杂乱无章的种种限制

10 dictate   

v.口授；(使)听写；指令，指示，命令

参考例句：

• It took him a long time to dictate this letter.口述这封信花了他很长时间。
• What right have you to dictate to others?你有什么资格向别人发号施令？

11 dictates   

n.命令，规定，要求( dictate的名词复数 )v.大声讲或读( dictate的第三人称单数 )；口授；支配；摆布

参考例句：

• Convention dictates that a minister should resign in such a situation. 依照常规部长在这种情况下应该辞职。 来自《简明英汉词典》
• He always follows the dictates of common sense. 他总是按常识行事。 来自《简明英汉词典》

12 assessments   

n.评估( assessment的名词复数 )；评价；（应偿付金额的）估定；（为征税对财产所作的）估价

参考例句：

• He was shrewd in his personal assessments. 他总能对人作出精明的评价。 来自《简明英汉词典》
• Surveys show about two-thirds use such assessments, while half employ personality tests. 调查表明，约有三分之二的公司采用了这种测评；而一半的公司则采用工作人员个人品质测试。 来自百科语句

13 levied   

征（兵）( levy的过去式和过去分词 )； 索取； 发动（战争）； 征税

参考例句：

• Taxes should be levied more on the rich than on the poor. 向富人征收的税应该比穷人的多。
• Heavy fines were levied on motoring offenders. 违规驾车者会遭到重罚。

14 abide   

vi.遵守；坚持；vt.忍受

参考例句：

• You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
• If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

15 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

16 bind   

vt.捆，包扎；装订；约束；使凝固；vi.变硬

参考例句：

• I will let the waiter bind up the parcel for you.我让服务生帮你把包裹包起来。
• He wants a shirt that does not bind him.他要一件不使他觉得过紧的衬衫。

17 equitable   

adj.公平的；公正的

参考例句：

• This is an equitable solution to the dispute. 这是对该项争议的公正解决。
• Paying a person what he has earned is equitable. 酬其应得,乃公平之事。

18 shutters   

百叶窗( shutter的名词复数 )； （照相机的）快门

参考例句：

• The shop-front is fitted with rolling shutters. 那商店的店门装有卷门。
• The shutters thumped the wall in the wind. 在风中百叶窗砰砰地碰在墙上。

19 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。