Buena Vista Lakes

Buena Vista Lakes is a quiet family community located in the southern tip of Desoto County, Mississippi.  This private community was established with a board of directors in 1973. Residents are required to pay community dues that help maintain our lakes and other amenities. 

 

To see one of the original advertisements for BVL click the image of the advertisement to the right.

 

What does living in an Home Owner's Association mean for me?

 

Home Owners Association or HOA Law & Legal Definition

 

A Home Owners Association (HOA) is an organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a home owners association is to provide a common basis for preserving maintaining and enhancing their homes and property. This is done by enforcing governing covenants.  Homeowners associations work to ensure that all properties are attractive and consistent with each other. Most homeowners' associations are non-profit corporations. They are subject to state statutes that govern non-profit corporations and homeowner associations. The associations provide services, regulate activities, levy assessments, and impose fines. Usually, each member of a homeowners association pays assessments. Those assessments or dues are used to pay for expenses that arise from having and maintaining common property. Without covenant enforcement, one home left unkempt, can lower the property value of the entire neighborhood.

 

 

Some homeowners have misconceptions about the purpose and role of a homeowner association. Some individuals feel that an association should not be able to tell them what they can do. Homeowner associations first became popular in the Atlanta area around the 1970s. There were four major reasons for their popularity:

• Local government could no longer afford to provide the park areas needed for all the neighborhoods springing up with urban sprawl. Local governments encouraged developers to provide park and pool areas, and in return allowed homes to be built closer together;

• Purchasers wanted 'country club' type amenities, such as pools, without having to pay country club prices;

• Homeowners liked the idea that their property values and standard of living would be protected by a set of covenants, which would apply to all residents; and

• Families liked the community feel and added sense of security for their children.

There is a basic trade-off for the advantages of a homeowner association. Homeowners give up some of the freedoms and property rights they would otherwise have if they lived outside a planned community.

Covenants for associations contain provisions called 'use restrictions.' Use restrictions are rules that apply to residents outside of the common areas. This includes architectural controls that apply to individual homes and lots, such as constructions of additions, house and yard maintenance, etc.. Use restrictions can also apply to areas as leasing, pet rules, sign limitations, and parking regulations.

Most residents are happy to trade off some of their freedoms for the advantages of living in an association. On the other hand, some homeowners do not want to be told that they need to cut their grass, or need approval before painting their house. These individuals probably want the advantages of a community association, without the trade-offs. Even though a majority of people would prefer to live in a planned community, homeowner associations are not for everyone.

 

That's good news to some, since HOA covenants and bylaws preserve the value of your land by ensuring neither you nor your neighbors do anything like paint your house a distasteful color or park several commercial vehicles in your driveway. The bad news is that you can't necessarily do what you want with your own private property. Both directors and homeowners have a duty to uphold their ends of the bargain. 

 

Ten Things Every HOA Resident Should Know!

 

1. Know the Rules - Understand and comply with the restrictive covenants, by-laws, standing rules and any other rules and regulations.

 

2. Know that you must pay your assessments on time.

 

3. Do not ignore communications from your homeowner association, especially notices that may regard outstanding assessments, rule violations, or fines. The board has the responsibility to govern fairly and consistently in the interest of all members, which includes placing liens for nonpayment of assessments and fines. Don't let a minor fine escalate to the point that the association board must turn the matter over to an attorney. A fifty dollar fine can easily lead to five hundred dollars.

 

4. You must maintain your property according to the governing documents and rules.

 

5. Know that a Building Permit Application and approval is generally required before making improvements. This typically includes sheds, fences, docks, seawalls and much more. 

 

6. Know that your association has certain responsibilities to the membership including compliance with insurance mandates, federal and state laws, fiduciary responsibility by board members, elections, meeting notices, meetings, due process as defined in the covenants, by-laws and standing rules.

 

7. Stay informed and participate in the business of your homeowner association by reading the meeting minutes, attending the annual meeting, understanding the budget and volunteering.

 

8. Maintain a current address with your homeowner association. This is Critical if you are a member of a homeowner association but do not live in the community.  Examples include rental property, second homes, investment property, and homes used by children or retired parents.

 

9. Know that if your home is rental property or occupied by others, the tenants/occupants should understand that they must also comply with certain restrictive covenants such as parking, pets, architectural changes, and other requirements. This may also include association rules regarding the use of playgrounds, pools, ballfields, parking and any other common areas.

 

10. Know who is in charge. Maintain contact information for board members.

 

Most importantly please remember and keep in mind that all board member positions are filled by community volunteers and are not compensated for their time or services provided.  They are homeowners (just like you!) who work together in the interest of the community.