So, as long as you don't get some fucking bitch with nothing better to do than prowl the neighborhood looking for small infractions, (my Mom has a bitch like that where she lives) in the long run, it will protect your investment, and property values.
Therein lie the whole problem.
As someone who lives in a Townhome w/ an HOA, as well as having had my Real Estate License, working part time with the plan sponsor(Builder) when the Association was built, here is some information to try and clear up some confusion.
1. A "Homeowner's Association" (H-O-A) is just another word for "Condominium" or "Townhome" owner's association, which also encompasses single family homes. They are interchangeable as far as the law is concerned.
2. You don't have to have a "H-O-A" to have restrictions on what you can and can't do with your property - I'll explain, below.
3. ANY and ALL properties governed by an H-O-A must have a Prospectus, which details the Rules and Responsibilities of the owners and the association, including what it takes to change the bylaws - some things can be changed by simple "rules" passed by a majority of the board, some things require a supermajority of the vote of the owners. Boards may issue variances, but they may not unduly restrict the published rules.
When you look at property, ASK the agent if there is an H-O-A governing the property. If you make an offer on a property, make sure part of your offer is contingent upon examination and approval of any prospectuses and any public records - i.e. transfers of title, liens on record, deed restrictions.
This is typically done by your attorney - that's what you are paying him for. BUT, make sure YOU are comfortable with all restrictions, responsibilities. To the attorney, they may be "standard, boiler plate" conditions; to you, they may be fucking non-starters.
Now, I mentioned Liens and
Deed Restrictions.
Whether a Condominium, Townhome, Gated Community w/ amenities, or "regular single family homes in a "normal" neighborhood", the property for sale may have deed restrictions. (There may also be town ordinances regarding what you can/can't park/"Store" in your front/visible driveway.)
The developer's try to make sure that the neighborhoods they are building will be attractive to prospective buyers through at least the life of their direct involvement with the neighborhood. Further, since their name will be associated with the neighborhood for some time to come, they want to have a good reputation, so their newer communities are well received, too.
Many neighborhoods prohibit Chain Link Fences - at least in the front of the house, many even in the back. Similarly, many neighborhoods prohibit laundry lines or poles on the property. This, even without any kind of H-O-A. How, you ask? Because the builder put a deed restriction in the original sales contract that runs with the property in perpetuity. The same can apply to house color, type of siding. If you do something that is prohibited by a deed restriction, your "overly friendly" fuck-ass neighbor can complain to the town code enforcement, or take you to small claims court.
Many associations preclude Townhome owners from ANY plantings - theory being the foundation plantings, trees are maintained via your H-O-A fees, they want a sense of continuity. Many people like to plant Tulips, Daffodils, or similar. Some H-O-A's permit with a "blind eye" as long as it's not overdone. Others have know it alls that are a pain in the ass. Our association has "additional common area parking spaces" that are "unreserved, available on a first come-first served basis to anyone having business in the association, including the 'transient' use of owners." We've lived here for coming up on 20 years. I bought while an agent for the builder/plan sponsor, and got verification that it was within the by-laws for me to park in the pad in a "common" space while my wife used our private drive space - nobody's getting in the garage any time soon due to too much shit.
No problem for 15 years. Then we get a board w/ an asshole who thinks himself an expert in all things, including selectively reinterpreting the association by-laws. They also started calling the parking spaces a word that does not appear anywhere in the prospectus, the governing document of the association: "Guest" spaces. They also decided that "transient" meant "only on rare occasion". I guess they are unfamiliar with Electrical Voltage Lines that have "regular transients" - as in, I leave for work in the morning, giving up the space to whomever might need it. I have no claim to a specific common area parking space. When I come home at night, I park in an available common area parking space - regular, yet transient.
I had to go to the town building dept manager and have him advise the H-O-A that, while the common area parking might be owned by the association, it was a condition of the town, and its use defined by the town, for the plan sponsor to get the "Pud" certification and zoning approval to build the townhomes. He also mentioned that, while they were required by the town "to be available for use at all times", the town was aware that the H-O-A routinely used some of the common spaces for storage of such things as roofing while we were re-shingling - a 3-5 year project over seasons, and the bulk dropping of mulch, and Johnny on the Spots during roofing and siding repairs. Hint Hint.
Up until that time, they were getting ready to try and fine me $100/month for violating the parking. There were other people in the neighborhood who parked similarly who they didn't cite. They cited me and my former neighbor who did abuse the privilege - parking 3 cars just for him, plus his kids two cars - but I fought. They tried to ignore me. I finally asked if I had to sue the association AND each board member, individually, asking the judge to waive their protections from personal judgements (i.e. the association umbrella insurance wouldn't apply because they were on a vendetta, not being prudent fiscally responsible members). They sent a newby board member to talk to the town building inspector to verify all that I had forwarded to the Management company. I got an retraction from the board member, directly, not on H-O-A letterhead, not via the management company. I scanned and e-mailed it to them, anyway. The management company got so fed up with our H-O-A board, they declined to renew the relationship.
On the other hand, I do know of an H-O-A member in another community that roto-tilled the back yard and planted over $600 of flowers w/out approval - then got pissed off when they told her to get rid of it - she didn't, so they did, and she got hit with the bill.
Reasonable people can achieve reasonable goals. The problem is different people have different definitions of what is reasonable. Just ask any TeaPartieer, Conservative Republican, Mid-stream Republican, Liberal Republican, Libertarian, or Left-wing pinko Democrat, lol.
Know what you're signing on for before you are on the hook. Add clauses to purchase offers making sure that your offer is conditional on your approval of any and all liens, deed restrictions, convenants and easements, H-O-A rules, etc.
Oh, yeah, our H-O-A is restricted from increasing fees by more than 20% per year, I think, without a general election. They can impose a special assessment of up to 20% w/out a general vote, too. That is what they did when it came time to re-roof/side and the original architect's estimates for reserves was woefully inadequate.
Caveat Emptor.
Most of our neighbors have been great, or at least silent. One difficulty is that Condominiums and Townhomes in the suburbs tend to attract seniors more than those just starting families, who might be a bit more tolerant of decorative flowers.
