Purchasing a home in some sort of planned development such as a subdivision, co-op, planned unit development or common interest development means you likely became part of homeowners associations, whether you wanted to or not. Homeowners associations are made up of all of the homeowners in a planned development and have an inordinate amount of control over how you use and maintain your home and property.
When you purchase a new home in a nice new development, you are subject to certain limitations as to how you can use your property, called covenants, conditions and restrictions, or CC&Rs. The CC&Rs that govern your new development form the basis for the homeowners association's power and authority. While the idea behind CC&Rs is to maintain a nice neighborhood and thereby increase everyone's property value, homeowners associations also use them to enforce limitations (sometimes considered unreasonable) on how you enjoy your property. CC&Rs may regulate such items as setbacks, lawn size, lawn maintenance, garden placement, hanging laundry, placement of basketball hoops and what you can park in your driveway or in front of your home. They may also regulate fences, hedges, swing sets, outdoor lighting, window coverings and pets. In the hands of an overly zealous homeowners association, CC&Rs can quickly become oppressive.
Before moving into a planned development, you should discuss any concerns you have over the homeowners association with your realtor. If there is a homeowners association, read the CC&Rs very carefully and determine if you can live with the restrictions in place. With the CC&Rs in mind, look at the homes around your prospective home and determine if you could live with the restrictions you see around you because it is very difficult to get relief from the homeowners association once you find yourself one of its members. If possible, attend one of the homeowners association's meetings to get a feel for the group and whether you want to be a part of it or not.
You should also be aware the homeowners associations often require a fee for the privilege of joining. Again, read the CC&Rs carefully to understand the fee as well as whether and when the homeowners association can raise the fee.
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