HOA common areas are not considered private property in the traditional sense. While individual homeowners have a shared ownership interest in these common areas, they do not have exclusive control over them.
Common areas are governed by the association's governing documents, which may include covenants, conditions, and restrictions (CC&R), as well as bylaws and rules established by the board. These documents outline the rights and responsibilities of homeowners regarding the use, maintenance, and enjoyment of common areas.
HOA Covenants, Conditions and Restrictions (CC&Rs) are a binding legal document that is filed with the state. Similar to rules and regulations, they cover things like property-use restrictions, dispute resolution agreements, maintenance and assessment obligations and insurance.
How Tenancy in Common (TIC) Works. Owners as tenants in common share interests and privileges in all areas of the property but each tenant can own a different percentage or proportional financial share. Tenancy in common agreements can be created at any time.
A common area is some shared space or amenity between unit owners or shareholders of a common interest development (CID). In housing CIDs, common areas can include things such as yard space, a basketball court, pool, laundry room, or a mail room.
HOA common areas are equally owned by all the homeowners in the community. Each owner pays regular HOA dues that go towards association operations and common area maintenance, giving them an equal share of ownership.
Common areas belong to all the owners equally, as does the physical and financial responsibility to maintain them. Owners have an irrevocable right to enter a common area during reasonable hours for the purpose of maintenance or repair- as long as any such work adheres to the Apartment Act by-laws.
Key Takeaways: HOAs Cannot Directly Evict Tenants – While HOAs enforce rules and maintain community standards, they cannot directly evict tenants. However, rule violations, unpaid fees, or legal actions initiated by the HOA can impact the property owner, potentially leading to eviction through the landlord.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.