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Challenges and opportunities in a common-interest community

The established real estate Law Office of Rajeh A. Saadeh in Somerville provides proven home-buying services to valued individual and family clients across New Jersey.

We note on our firm’s website that the transactional work we do encompasses the full spectrum of purchase opportunities. That includes those available in planned living communities and under the governing oversight of homeowners associations (HOAs).

We underscore in today’s blog post headline that what is often termed a common-interest community or development (CID) is a mixed bag of sorts for potential home buyers. Legions of single dwellers and families love everything that such a community has to offer. Others are intrigued by the amenities, but know they would chafe under HOA-imposed mandates and restrictions.

And make no mistake: Every CID has an operative arm that makes and enforces the rules that govern all tenants. Most HOAs sit as boards comprising members elected from a community’s unit-owner population.

An HOA’s key function might optimally be seen in terms of a balancing act. Association boards ensure the proper upkeep of community amenities, while simultaneously weighing in on “you can, you can’t” matters relevant to individuals’ decisions concerning their own units.

If you love parties featuring blaring rock music, you’re likely to be flagged and penalized quickly by an HOA. Ditto that if you want to transform your property in ways that will materially differentiate it from other units (contrastive landscaping or a townhouse painted in multiple colors, for example).

The bottom line with planned residential communities is that they’re not for everybody. Prospective buyers should timely do a bit of homework concerning bylaws, covenants, restrictions and related matters before they sign a purchase contract.

A seasoned real estate attorney can help them with their due diligence.



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