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.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
It's calculated by dividing total equity by total assets. While there's no universal “good” ratio, many experts suggest that a healthy HOA should aim for an equity ratio of at least 20-30%. This indicates the association has sufficient assets to cover its liabilities and maintain a financial cushion.
The HOA statement usually includes details about the HOA account, such as the account number, the current balance, and any recent transactions. This information allows homeowners to have visibility into the financial status of the HOA and ensures transparency in the management of funds.
The fundamental equation of a balance sheet is: Assets = Liabilities + Equity This means that the total value of an HOA's assets must always equal the sum of its liabilities and equity. If an HOA has more assets than liabilities, it has positive equity. If liabilities exceed assets, the HOA has negative equity.
Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.
Generally, it is the laws that were in effect at the time the HOA documents were recorded. Your HOA documents are contracts between the HOA and its members so new laws cannot, generally, be applied retroactively to override them.
In summary, there is no case where HOA rules override state law. Considering the hierarchy, federal, state, and local laws always take precedence over an association's rules. Board members should have a solid grasp of these laws. In doing so, they can protect the HOA and mitigate the risk of liability.
Finally, is an HOA considered a local government? No—HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.