WHY DO YOU HAVE TO BELONG TO A MANDATORY HOMEOWNERS ASSOCIATION?
WHO SAYS SO?
WHAT'S THE PURPOSE?

Often, especially when the existence of Declarations of Covenants & Restrictions is not disclosed, as it is proscribed by law (FS 720) a homeowner new to a neighborhood finds himself/herself surprised to learn that there are certain rules that he/she must follow and dues and assessments he/she must pay.  In such cases, it's likely that the affected homeowner was not represented by a lawyer in the purchase of his home, both before the fact and at the closing.  That's always a serious mistake unless the buyer happens to be an attorney.

In some cases, the homeowner finds himself/herself the target of his association for a rules violation or non-payment of dues or assessments.  Now and then, when the homeowner looses his battle with the association, he/she goes to court in spite of the admonishment found in FS720 to exhaust all other avenues of relief.  The profound majority of these cases which are litigated are decided in favor of the association, because the law and the intent of the party who wrote the Declarations is so clear.

Here it is in a nutshell: When a developer creates a new community or neighborhood, he knows it will be necessary for him to make a solemn promise to his potential buyers that the aesthetic values, peace and tranquility and property values of the development will be maintained long after he has sold his last property and has departed.  

To do this he (or more likely his Lawyer) writes a set of rules for the community which are duly recorded with the county which are then officially called the Declaration of Covenants, Conditions & Restrictions or just Covenants & Restrictions.  He then includes a notation in the deed of each property he sells that the sale is made subject to restrictions of record.  The buyer agrees to them by purchasing the property.  Thus, a binding contract is forged.

There are usually two very important covenants or restrictions included.  First, there is a statement that the Covenants & Restrictions run with the land, which, in the simplest of terms, means that your property is actually the member of the Association but that you are responsible for adequate maintenance and dues/assessments on it's behalf.  And, when you sell the property it's membership continues and the new buyer becomes the responsible party.  Second, the Covenants and Restrictions establish a homeowners association which is the mechanism created with the authority to enforce the rules.  By promising that the association will be in place after the developer is long gone, he is able to assure  each and every buyer that the community will maintain it's good looks and value.

Some Associations are better managed than others, but in every case that is why a mandatory association exists.  It's as simple as that!

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The Orange County Homeowners Association is an umbrella organization that represents Orange County homeowners and their community associations.  OCHA was established to further the aims, quality of life and property values of the homeowners of Orange County, to provide continuing programs and information (newsletters) to enhance the knowledge and abilities of Officers and directors of member associations and to protect the interests of Homeowner Associations, Property Owners Associations and Community Associations within Orange County.  

To learn more go to: www.ochafl.org