What is a HOA?
An Home Owners Association (HOA) is a mandatory, legally binding organization created by a developer and attached to the property itself. If your home is in an HOA, membership is automatic when you buy the home.
How an HOA Affects Your Property Use
HOAs typically have direct control over how your property looks and is used. This can include:
- Exterior paint colors and materials
- Landscaping and tree removal
- Fences, sheds, patios, decks
- Parking (driveway, street, commercial vehicles)
- Rentals (short-term, long-term, or bans)
- Home-based businesses
- Architectural changes (often requiring approval)
How Deed Restrictions Work in an HOA
- Restrictions are recorded in the CC&Rs (Covenants, Conditions & Restrictions)
- They run with the land, meaning they apply to every owner automatically
- The HOA actively enforces them
- The HOA can:
- Levy fines
- Place liens
- Pursue legal action
- Rules can change over time through board votes or member approval
An HOA has real authority and enforcement power over your property.
Civic Association
What is a Civic Association?
A civic association (sometimes called a neighborhood association) is usually a voluntary organization formed by residents to promote community interests.
They often focus on:
- Neighborhood events
- Beautification
- Zoning advocacy
- Communication with the city
- Community standards (informal)
How a Civic Association Affects Your Property Use
A civic association cannot directly control how you use your property.
They:
- Do not approve renovations
- Do not issue fines
- Do not place liens
- Do not enforce rules on their own
They may encourage certain standards, but compliance is typically voluntary.
How Deed Restrictions Work with a Civic Association
This is the part that causes confusion.
- Deed restrictions may exist independently of the civic association
- These restrictions are written into your individual property deed
- Enforcement is typically:
- Through individual homeowners
- Or a designated trustee (if one exists)
- Not the civic association itself (unless explicitly granted)
Key differences from an HOA:
- Restrictions are usually static (they don’t change easily)
- No board can unilaterally add new rules
- Enforcement requires legal action by affected owners
- Many older deed restrictions expire after a set number of years unless renewed
A civic association may advocate or organize, but deed restrictions—if any—exist separately and are harder to enforce.
Side-by-Side Comparison
| Topic | HOA | Civic Association |
|---|---|---|
| Membership | Mandatory | Usually voluntary |
| Controls property use | Yes | No |
| Enforces rules | HOA board | Individual owners / courts |
| Can fine or lien | Yes | No |
| Rules can change | Yes | No (deed-based only) |
| Approval required for changes | Often | No |
Practical Example
You want to build a fence:
- In an HOA:
You likely need approval, must meet design standards, and can be fined if non-compliant. - In a civic association neighborhood:
You can build the fence as long as:- It complies with city code
- It does not violate a recorded deed restriction (if one exists)
