Orderly or Oppressive?

When Tina Ohmstede moved into a gated condominium complex in Redondo Beach almost four years ago, she had never lived in a community association before.

“I was shocked to find out that certain rules are strictly observed,” said Ohmstede, who recalled an occasion when a friend and her 3-year-old daughter came to visit.

“My friend announced her arrival by giving a little honk on the car horn, and her little girl yelled for us in a cute little-girl voice. I thought nothing of it until a week later when I got a letter from the association board saying that honking or calling to people from the guest parking is against the rules,” Ohmstede said. “I’ve become more vigilant now. When visitors come and begin to talk loudly, I ask them to quiet down.”

Known as common interest developments, CIDs are located in many types of neighborhoods from single-family homes to townhouses and condominiums--but they are all similar in that they allow individual owners the use of common property and facilities in exchange for following the rules and paying required monthly dues. All have a self-governing system that consists of a board, whose job it is to oversee the running of the association. Some associations hire a management company to handle the day-to-day operations; others rely on volunteer managers.

For some homeowners, associations are viewed as an advantage, a convenient way to keep order in the community and prevent what they consider to be potential chaos, such as motor homes languishing in driveways and oddly painted units. More independent and creative souls, however, find the rules too restrictive.

Like them or not, associations have become a part of life for much of Southern California. Virtually every new development has an association, and there are more than 34,000 in California alone, according to the California Department of Real Estate. One in four Californians lives in a CID, and in Orange County the figure is even higher--more than 50%.

Homeowner associations grew quickly in the late 1970s as land availability diminished. The passage of Proposition 13, a 1978 measure that slashed property taxes, also resulted in more limited public funding for parks, swimming pools and other components of residential communities. Mandated to provide some of these amenities to home buyers and seeking to increase home sales, developers began adding facilities such as swimming pools and clubhouses to their developments. Associations were formed to oversee the maintenance and care of such amenities.

Though access to a community pool and freedom from mowing the lawn are often touted as the big perks of joining an association, those who choose the CID life know it involves much more.

“Living in an association is a lifestyle choice,” said Karen Conlon, president of the California Assn. of Community Managers, an organization of association property managers. “You gain access to common amenities you might normally not be able to afford to build yourself--such as pools, parks, tennis courts and lakes. But to enjoy these amenities you must agree to abide by certain standards and rules. Complications arise when homeowners don’t truly understand the association plan documents before they buy.”

The governing document is known as the Declaration of the Covenants, Conditions and Restrictions, or CC&Rs;, which contains the ground rules for the operation of each association. This often lengthy document identifies an association’s common area and responsibilities and lists rules by which residents must abide. Perhaps most important, it explains that the association must collect assessments, or dues, and that the homeowners must pay those dues.

“You have a contractual obligation between yourself and the association to pay your dues,” Conlon said. “They are like a mortgage payment. The association is granted the authority by law to lien and eventually foreclose on your home if you don’t pay.”

In light of the regulations, some people aren’t suited to association life. For Amy Dee, it required a major adjustment in attitude. She bought her Anaheim condominium 6 1/2 years ago with no prior association experience.

“It was a very humbling experience when I realized that I had to comply with a greater power regarding the exterior of my home,” she said. “If you’re a creative person who likes to do your own thing, association life can be tough. My ego took a few bumps and bruises.”

One problem Dee encountered was with her mailbox.

“We have exterior mailboxes, but I was concerned about my mail getting stolen, so I put a mail slot in my door,” she said. “The rules say that all of the mailboxes must match. When they came by for a routine inspection, they spotted [it], and I had to remove it.”

On another occasion Dee had trouble with a satellite dish. When the dish was installed, she broke a rule by putting it on the patio roof and exposing wires--the only way she could get reception. The association began fining her $100 a month for the infraction.

After meeting with the board, she was allowed to paint the wires an acceptable color. They eventually changed the rules and now allow satellite dishes on top of patio covers--largely because other homeowners had similar problems with satellite reception.

If you’re in the majority, things can run smoothly in an association community, said Jason Weissberg, who lives in a single-family home Tustin Ranch. “If you’re not part of the majority, however, you’re out of luck,” he said. “We found that out when we voted to increase the size of the swimming pool and lost. Not enough families found it important.”

Despite the restrictions he’s faced, Weissberg agrees with the belief that rules are enforced to improve the quality of life.

Some homeowners seek out association life for the neat, consistent lifestyle it can offer.

“I grew up in a neighborhood where there was trash all over the place and people didn’t upkeep their landscaping,” said Christopher Ruffalo of Tustin Ranch, who is on the association board. “I much prefer living in a community where everything is well cared for.”

Individuals who have the energy and determination to change things in an association community can become board members, which is an elected volunteer position. Ruffalo became a board member six months ago.

“I wanted to be a part of the betterment of the community, get to know my neighbors and find out about changes before they occur,” he said.

Others who served as board members aren’t as enamored of the system. Bill Kelley of Anaheim Hills was a board member for two years when he lived in Orange and came to a different conclusion.

“Associations can be beneficial and have a viable use in maintaining property values if they’re not carried to the extremes,” he said. “The trouble begins when you have militant people on the board with unreasonable ideas. As far as I’m concerned, if someone paints their house in green trim, even though the rules say all brown--so what? Pink-striped trim might be troublesome.

“The challenge is finding reasonable people with common sense regarding the use of the association’s money. Some people would much rather wield a big stick, be unfair and conduct themselves inappropriately.”

Although the rules seem nitpicky at times, they can also work in your favor, as Ohmstede of Redondo Beach has found.

“My unit is right next to the pool, which is great when I’m using it, but if people are swimming late at night, it’s hard for me to sleep,” she said. “One night some very loud people were in the pool. I called my neighbor, whose job it is to close down the pool at night. She went out and had them out of that pool within five minutes.”

*

Points to Consider

If you’re thinking about buying a home governed by a homeowners association, consider the following:

* Do you like the idea of abiding by certain rules that dictate how the exterior of your home looks? Do you see having your home painted the same color as your neighbors as an asset or a deficit?

* Check out the association’s CC&Rs.; Do they seem unreasonable? Or do you agree with most of the rules? Don’t assume rules will not be enforced--they generally are.

* Do you like the idea of living in close proximity to your neighbors?

* Can you afford the dues?

* How does the board resolve disputes?

* Talk to existing residents regarding the association.

For more information, visit the California Assn. of Community Managers’ Web site at www.cacm.org.

*

Julie Bawden Davis is a freelance writer who lives in Orange.