What HOAs Need to Know About Restrictive Covenants

Residential community associations, condo owners associations, and HOAs, must maintain restrictive covenants. However, while the term "restrictive" could have a negative connotation, these covenants are good for associations and communities. 

What are restrictive covenants? Why does your association need them? Are your current covenants serving your community well? One of the best HOA management companies gives insights here today!

What Are Community Association Restrictive Covenants?

Restrictive covenants are the rules and guidelines that set out what homeowners in a specific location can and cannot do on their property. While some of the restrictions may seem like common sense (for example, keeping pets leashed when walking them outdoors), others, such as how far you need to keep your garage door opened during certain hours might be more confusing for residents, as well as difficult to enforce fairly.

In other instances, covenants put rules in place for things homeowners must do, like maintenance specifics condos or homes.  

Generally speaking, all types of restrictions must abide by state laws. This means they cannot impose blanket bans on the community that are unreasonable or in violation of local laws. However, covenant enforcement takes place within the community by the board. 

What Are The Advantages of Covenants?

Communities without rules and enforcement can quickly fall into disrepair and lose homeowners. Your residents chose your condominium community or neighborhood because of the quality of life it offers. To maintain that quality and continue retaining and attracting new residents, community associations must establish rules that help maintain property values while encouraging a sense of community and ownership among residents. 

However, while restrictive covenants are essential for your condo owner association's success, setting rules that are too restrictive can work against a healthy, thriving community. With too many rules, homeowners might not feel like keeping up with every regulation is worth it. Plus, board members can become overwhelmed when attempting to enforce so many rules that they can't apply consistent enforcement, or they don't have time to address other needs within the community. 

What Covenants Should Your Condo Owner Association Have?

So, where should your community association begin? Balance is critical! If you're starting a new association or it's time to review your current restrictive covenants to make sure they still serve residents well, here are some of the most common rules to consider and enforce. 

Property Use

Most communities set out guidelines for resident-owned property use that range from restrictions on noise to dictating specific types of exterior lighting. These rules help eliminate problems before they occur and encourage homeowners to live harmoniously with each other, so everyone feels safe, secure, and comfortable. 

When owners understand the expectations and rules about maintaining their homes, the community maintains the level of quality that attracted many residents in the first place. 

Required Maintenance

Although it may not seem like common sense to have a rule about keeping your lawn mowed, you'd be surprised at the number of associations that do just that! Perhaps even more importantly than appearance-related rules are those related to safety. Associations need clear guidelines in place that require homeowners to keep their properties up to code for both liability reasons as well as ensuring no one gets injured by dangerous or hazardous conditions. 

House Colors

Are there certain colors homeowners must use on exterior siding or roofing materials? If so, what are the rules, and why did the association choose those colors? In most cases, rules about exterior paint colors aren't meant to dampen anyone's creativity. Instead, these covenants help a homeowner association maintain a level of quality and uniformity that residents expect from the neighborhood. 

Pet Policies

From breed restrictions and weight limits to leash-free areas and how residents must clean up after their pets, policies help keep the community clean and pet-friendly for condo owners and neighbors. 

Rentals and Business Use

Many communities have very clear guidelines about renting your unit. In some cases, homeowners may need express board approval before renting out a home since it can impact residents' sense of community when neighbors change frequently. Homeowners associations might also set rules about the type of businesses allowed in a home. While excluding working from home or having a home office is potentially board overreach, converting a house into a business-only office is a common restriction established by community managers. 

Exterior Construction

While this is one of the less common types of HOA rules, restrictions on outdoor building are still used by associations throughout the country. These regulations typically involve types of fences or blocking sight lines that affect access to emergency vehicles. 

An HOA Management Company Can Help Set and Enforce Covenants

When setting restrictive covenants for your condominium management plan, a professional community manager can help! Trestle Community Management helps HOA boards establish rules that protect and enhance their communities without becoming overbearing or "nitpicky" about issues that can frustrate homeowners and lead to conflicts or a lack of cooperation among neighbors. If it's time to review your existing covenants or establish rules for a new homeowners association, reach out to learn how our association management services can help! 

Get more insights into managing a successful community! Download your free copy of "Best Practices for HOA Operations: A Checklist."