If you’ve not seen the segment above, do yourself a favor and stop reading this until you have.

On April 9th, John Oliver discussed some controversies surrounding homeowner associations on HBO. He highlighted concerns such as their extensive power over homeowners, lack of transparency and accountability, conflicts of interest, and arbitrary regulations. While there are benefits to living in an HOA, there is also the potential for abuse of power and a lack of regulation across the nation. Homeowners need to be aware of their rights and responsibilities and hold their board accountable while also being held accountable themselves, given that almost one-third of the US population lives in an HOA, and the majority of single-family homes sold in 2021 were in one. HOA living is a choice and choices have natural consequences.

As a California homeowner advocate, I often encounter homeowners who want the benefits of living in an HOA without taking on the responsibilities of owning property in a community association. I advise and educate homeowners and, when necessary, deliver unpleasant news such as when their HOA is in the right. One of the most common violation notices I’m contacted about relates to personal property left in common areas, such as chairs, toys, and other items left at a community pool or benches, stumps, chairs, and BBQs left near basketball courts. I remind my clients that they cannot do what they want with common area property if they are not paying property taxes for that land. Asking for permission first can prevent problems, and California Civil Code section 4765 requires HOAs to adopt written procedures for reviewing architectural applications promptly.

Most HOA directors are reasonable people who want to protect everyone’s assets as a whole, but it is a thankless and often-unreasonable job. Their primary job is to uphold the governing documents as they are, not as they wish them to be. An ombudsman program managed by the state could help keep HOAs in line and prevent drastic actions such as using satellites to peer into backyards or prohibiting owners from renting to Section 8 recipients. The state’s Department of Justice has limited oversight over select violations of the Corporations Code related to CIDs, and funding an ombudsman program could be achieved through collecting $100.00 from the 50,000+ HOAs in the state that are required to register and annually re-register with the Secretary of State. Such a program and a related public complaint database could increase transparency and hold bad actors accountable

Ultimately it is up to individual homeowners to decide whether they want to live in a community with an HOA or not and to weigh the benefits and drawbacks carefully before making their decision. A contract is a contract and your name on a title binds you to it, for better or worse.