Understanding HOA terminology is the first step to protecting your rights. This glossary covers every key term you will encounter in your CC&Rs, violation notices, and HOA disputes.
A
ADA (Americans with Disabilities Act)Federal law requiring HOAs to make reasonable accommodations for residents with disabilities, including allowing service animals, wheelchair ramps, and accessible parking regardless of HOA rules.ADR (Alternative Dispute Resolution)Methods of resolving HOA disputes outside of court, including mediation and arbitration. Many states require ADR before a homeowner can file a lawsuit against the HOA.AmendmentA formal change to the CC&Rs or bylaws. Amendments typically require a supermajority vote of homeowners (often 67% or 75%) and must be recorded with the county.Annual MeetingThe yearly meeting of all HOA members where board members are elected, budgets are presented, and community business is discussed. Most states require minimum notice periods.Architectural Review Committee (ARC)A committee that reviews and approves or denies homeowner requests for exterior modifications like paint colors, fences, additions, and landscaping changes.AssessmentRegular fees (usually monthly or quarterly) that homeowners pay to fund HOA operations, maintenance, and reserves. Different from fines, which are penalties for violations.B
Board of DirectorsElected homeowners who govern the HOA, enforce rules, manage finances, and make decisions on behalf of the community. Board members have fiduciary duties to all homeowners.BylawsRules governing how the HOA operates internally — meeting procedures, voting requirements, officer duties, and election processes. Bylaws are subordinate to the CC&Rs.C
CC&Rs (Covenants, Conditions & Restrictions)The primary governing document recorded with the county that defines homeowner obligations, use restrictions, architectural standards, and HOA authority. CC&Rs run with the land and bind all owners.Certified MailA postal service that provides proof of mailing and delivery. Recommended for all HOA dispute correspondence to create a legal record that the HOA received your letter.Common AreasProperty owned and maintained by the HOA for all residents — pools, clubhouses, parks, sidewalks, and landscaped areas. Funded by assessments.Compliance HearingA formal proceeding where a homeowner can contest a violation or fine before the board or an independent committee. Most states require HOAs to offer hearings before imposing fines.Cure PeriodA grace period given to homeowners to fix a violation before a fine is imposed. Many states (including Colorado and Texas) require cure periods for correctable violations.D
Davis-Stirling ActCalifornia's comprehensive HOA law (Civil Code §4000-6150) governing common interest developments. Sets rules for meetings, elections, finances, dispute resolution, and enforcement.DeclarantThe original developer who created the HOA and recorded the CC&Rs. The declarant typically retains control of the board until a certain percentage of lots are sold.Declarant Control PeriodThe time during which the original developer controls the HOA board. Ends when a specified percentage of lots are sold or a time limit expires, whichever comes first.DeclarationAnother name for the CC&Rs. The recorded document that creates the HOA and establishes the rules and restrictions governing the community.Due ProcessThe right of homeowners to receive proper notice of violations and an opportunity to be heard before fines are imposed. A constitutional principle that applies to HOA enforcement.E
Enforcement PolicyThe HOA's written procedures for issuing violations, imposing fines, and conducting hearings. Many states require a written enforcement policy before any fines can be levied.Estoppel CertificateA document issued by the HOA stating the current status of a homeowner's account — assessments owed, violations pending, and any liens. Required for most home sales.F
Fair Housing Act (FHA)Federal law prohibiting discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability. Overrides any conflicting HOA rule.Fiduciary DutyThe legal obligation of board members to act in the best interest of all homeowners, manage finances responsibly, and avoid conflicts of interest.FineA monetary penalty imposed by the HOA for violating a rule. Unlike assessments, fines are punitive. Many states cap fine amounts and require notice and hearing before imposition.Fine ScheduleA published list of fine amounts for specific violations. Colorado and other states require a written fine schedule before any fines can be imposed.Foreclosure (HOA)The process by which an HOA forces the sale of a home to collect unpaid assessments or fines. Some states prohibit HOA foreclosure for fines alone.G
Governing DocumentsThe complete set of documents that control the HOA: the declaration/CC&Rs, bylaws, articles of incorporation, rules and regulations, and any amendments.GrandfatheringThe principle that existing conditions or installations in place before a new rule was adopted are exempt from the new rule. Applies to many HOA rule changes.H
Hearing CommitteeA group that hears homeowner disputes about violations and fines. In Florida, this must be an independent committee of at least 3 members who are not board members.I
IDR (Internal Dispute Resolution)A process required in some states (especially California) where the homeowner and HOA attempt to resolve a dispute informally before formal hearings or litigation.L
LienA legal claim placed on a property for unpaid HOA debts. HOA liens can affect your ability to sell or refinance. Lien rules vary significantly by state.M
Management CompanyA third-party firm hired to handle day-to-day HOA operations including maintenance, assessments, violations, and communications. The board retains ultimate authority.Master AssociationAn umbrella HOA that governs multiple sub-associations within a larger development. Homeowners may be subject to both master and sub-association rules.MediationA voluntary process where a neutral third party helps the homeowner and HOA reach a resolution. Non-binding unless both parties agree to the outcome.N
Notice RequirementsState-mandated rules about how HOAs must notify homeowners of violations, hearings, and rule changes. Typically requires written notice delivered by mail.O
OTARD RuleFCC regulation (Over-the-Air Reception Devices) that prohibits HOAs from banning satellite dishes under 1 meter, TV antennas, and fixed wireless signals.P
Planned CommunityA type of common interest development where homeowners own their lot and home individually, and the HOA owns and maintains common areas.ProxyWritten authorization allowing another person to vote on your behalf at HOA meetings. Proxy rules vary by state and governing documents.Q
QuorumThe minimum number of members (or their proxies) that must be present for a valid HOA meeting or vote. Typically 25-50% of all members.R
Reserve FundMoney set aside by the HOA for major future expenses like roof replacement, road resurfacing, or pool renovation. Funded through a portion of regular assessments.Reserve StudyA professional analysis that estimates the remaining life and replacement cost of major community components. Used to determine adequate reserve funding levels.Rules and RegulationsOperational rules adopted by the board (as opposed to the CC&Rs which require a member vote). Must be consistent with the CC&Rs and adopted through proper procedures.S
Selective EnforcementWhen an HOA enforces a rule against one homeowner but ignores the same violation by others. An affirmative legal defense that can invalidate fines in most states.Special AssessmentA one-time charge to homeowners for unexpected or large expenses not covered by regular assessments or reserves (e.g., emergency roof repair, legal fees).Super LienIn some states, an HOA lien that takes priority over even the first mortgage for a limited amount (typically 6 months of assessments). Gives HOAs significant collection leverage.T
Transfer FeeA fee charged by the HOA when a property is sold. Covers administrative costs of updating records and issuing estoppel certificates.V
VarianceAn exception or exemption from an HOA rule granted to a specific homeowner, often through the architectural review process. May be granted for hardship or practical reasons.Violation NoticeWritten notification from the HOA informing a homeowner that they are in violation of a rule. Must cite the specific rule, describe the violation, and include appeal rights.Confused by Your Violation Notice?
Our AI tool can analyze your notice, explain the legal terms, and identify defenses you can use.
Analyze My Violation →