Reader Questions - Association Types, Architectural Standards

c c & rs h o a homefront reader questions Feb 24, 2014

Association Types

Dear Mr. Richardson,

Would there be any use in asking for explanations of Condo, Townhouse, PUD, Patio Homes? 

Yours,

D.F., Huntington Beach

Dear D.F.,

There are four varieties of common interest development (CID, also commonly called “HOA”) in California: Planned development (NOT “planned unit development”), condominium, stock cooperative and community apartment. “Townhouse” or “patio home” is a descriptive term but not a legal term. Your townhouse or patio home could be in any one of the CID forms. There are many detached condominiums, and many planned developments with attached residences.

The planned development may or may not involve common area, and each member owns a “lot”. The deed will say you own a certain lot.

In a condominium, the property is divided into blocks of air space, the “units,” and the rest of the property other than the units is called “common area”. Each owner holds title to a “unit” and a shared ownership in the “everything else” – the common area. The deed will state a unit is owned.

In a stock cooperative, the HOA is a corporation, and the corporation owns the entire property. Each member is a sharehoclder, and does not directly own any property, but has a share of stock in the corporation.

A community apartment is often called an “own your own”, in which each member owns a share of the entire complex, and receives a “tenants in common” deed. The community owner does not own their own home directly, but owns a fraction or percentage of the entire property. The deed will recite shared ownership.

To determine what type is your association, look at your documents. The CC&Rs should state in the first few pages (or at least in the definitions) which kind of association it is.

Thanks for the question,
Kelly

Architectural Standards

Dear Mr. Richardson,

I find your HOA Homefront column in the paper to be very informative and helpful.

I am the President of my HOA. The original plan provided for all exteriors of the homes to be uniform in appearance. Over the years, some of the house colors were not exactly matched to the original color from the original development when the homes were re-painted or re-stuccoed. For the most part, however, these later exterior colors were within a reasonable range (light tan, white, pale yellow) to that of the original exterior color. However, in recent months, some homeowners have enhanced the color of their homes further away from the original or even the related colors.

While past boards have been limited in enforcing restrictions to changes in the exterior treatments of homes, these recent developments (and complaints/concerns of members) have caused us to re-examine that policy. The CC&Rs does not specify exterior colors and no formal rule has been adopted by the HOA to date with regard to colors.

What rights and responsibilities do the HOA and members have to maintain house colors which are compatible?

Thank you,

C.S., Sylmar

Dear C.S.,

Architectural standards and consistency, including colors, helps all members. A better property appearance preserves property values. While your HOA may have a tradition of architectural conformity, if standards are not in the governing documents, that tradition may not be enforceable.

The board should pass some reasonable rules soon, before that purple house appears!

Best,
Kelly


Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.