Plain English

HOA Glossary

The words in your violation notice, translated. Useful for arguing, and for figuring out whether you have anything to argue about.

CC&Rs

Covenants, Conditions & Restrictions. The recorded document that actually binds your property. It outranks the bylaws and the rules. When you bought the house, you agreed to it. You did not read it. Nobody read it.

Declaration

Another name for the CC&Rs. If a notice cites “the Declaration,” it means the top-level document.

Bylaws

How the association governs itself — elections, meetings, terms, quorum. Below the CC&Rs in the hierarchy.

Rules & Regulations

The operational rules the board can usually adopt without an owner vote. The lowest tier, and where most of the strange ones live.

ARC / ACC

Architectural Review Committee (or Architectural Control Committee). The body that decides whether your fence, paint color, shed, pool or basketball hoop is acceptable. Often the slowest thing in your life.

Assessment

Your dues. Regular assessments are the budgeted amount. Special assessments are the extra one.

Special assessment

A one-time charge on top of dues, usually because the reserve fund could not cover something. The moment most people learn what a reserve study is.

Reserve fund

Money set aside for big future repairs — roofs, roads, the pool. Underfunded reserves are the single most reliable predictor of a future special assessment.

Reserve study

A professional estimate of what will need replacing, when, and what it will cost. Ask to see it before you buy in a community. Most buyers never do.

Quorum

The minimum number of owners required for a vote to count. Chronically hard to reach, which is how eleven people end up electing a board.

Proxy

Authorizing someone else to vote for you. How quorum actually gets reached.

Lien

A legal claim against your property for unpaid assessments. This is the point where a dispute stops being funny.

Estoppel letter / resale certificate

A document stating what is owed on a property at closing. The association usually charges for it.

Fining committee

In many states, a panel separate from the board that must approve fines. If your association skipped this step, that matters.

Notice and hearing

The requirement, in many states, that you be told about an alleged violation and given a chance to respond before a fine attaches. Ask for both in writing.

Governing documents

Everything together: CC&Rs, bylaws, articles, rules. You are usually entitled to a current copy on request.

Common area

Property the association owns and maintains. Note that the street in front of your house may or may not be one — boards cite streets they do not own more often than you would expect.

Limited common element

Common property assigned to one unit’s exclusive use — a balcony, a specific parking space. Common in condos.

Master association

An umbrella association above your sub-association. Yes, that means two sets of dues and two sets of rules.

Management company

The company the board hires to run day-to-day operations. Works for the board, not for you, but usually holds the records.

D&O insurance

Directors and Officers coverage — insurance for the board members personally. What they find out is not covered is usually the interesting part.

Amenity

Pool, clubhouse, gym, tennis court, pond. The reason people say yes to an HOA, and the source of roughly half of all violations.

FOTA

Fear Of Teenagers. Not a legal term. See the awareness page.

General information, not legal advice. Definitions and requirements vary by state and by your own governing documents. For anything with money or a deadline attached, talk to an attorney licensed where you live. Or try the Help Hotline, which is also not a lawyer but is at least awake.