ABOUT OUR ASSOCIATION
Homeowners' Association in Four Hills Village (FHV) or
What's in a Name?
In reality, there is no Homeowners' Association (HOA) in Four Hills Village
, the Four Hills Village Homeowners' Association is actually a neighbhorhood association (NA).
The characteristics of an NA are that membership is voluntary, residents consent to join and residents are not required to follow the mandates of the association Board. The Board of an NA does not have the
power to require residents to pay assessments and the Board has no authority to enforce anything beyond the authority of individual residents
The characteristics of a real HOA, on the other hand, are that residents must join upon purchasing property and that members must pay dues and assessments set by the association. The HOA Board sets the dues
and assessments, and makes or enforces rules such as those contained in covenants; a real HOA board can impose fines and even foreclose on a property for residents failing to pay dues or assessments or
follow the rules
In summary, NAs are voluntary organizations, whereas HOAs are mandatory organizations in which membership is required for home ownership. In FHV there is no real HOA.
An association can include the word "Homeowners" in its name, such as the FHVHA, but that does not make it a real HOA
, and that association has no inherent authority beyond that of individual
residents just because it uses the word "Homeowners" in its name.
What makes the FHVNA different?
- We strive to identify and publicize issues and concerns of FHV residents, provide them with information and get their feedback. Our policy is to have a public survey for major issues affecting our
neighborhood and report the results to interested parties such as the City and our Councilor. These surveys have had an impact on City actions.
- We communicate with our members via our website and email newsletters (paper newsletters are available, just contact us). We have
meetings only as needed or required. Meetings are announced via the website and/or email, and minutes are posted promptly.
- The FHVNA works closely with elected government representatives to make Four Hills Village a better place to live.
- We don't make you pay dues in order to have a vote in your community!
Bylaws & Standing Rules
Four Hills Village Neighborhood Association Bylaws
(pdf), approved 11/30/2015
Four Hills Village Neighborhood Association Standing Rules
(pdf), to be to be updated in 2016
FHV Covenants Are NOT Enforceable
[August 25th, 2015] You do not need anyone's permission to paint your house, change your door, or make any other purely cosmetic change to your home. If you are planning on construction (building a
wall, adding another building, etc.), please contact the City Zoning Department
information on what permits you may need.
[June 8, 2010] For more information on FHV covenants, please see our detailed discussion
(PDF). In a nutshell, we are advised that FHV covenants are
not enforceable, based on past related court actions. However, City ordinances, which may contain the same prohibitions as those in the covenants, are enforceable by the City of Albuquerque only. Any
resident may request enforcement of City ordinances.
Currently, our R-1 zoning permits chickens, goats, horses and sheep in FHV. Therefore, it will be hard to get the courts to prohibit these animals. Prohibition is particularly difficult if (1) the enforcement action is
selective and does not try to remove all covenant-prohibited animals, or all covenant-prohibited RVs, etc., (2) the enforcement has been neglected for several years (the former lawyer for the FHVHA kept a donkey and a
goat on his property for many years), and currently residents are keeping poultry, birds and a goat , and (3) an enforcement action has already been denied by the court (which happened in the mid-eighties in FHV).
Furthermore, lawsuits are not necessary. The City’s animal laws already prohibit keeping animals in such a manner that they create noise, emit odors, or otherwise cause a nuisance in one’s neighborhood. We all
want a nice neighborhood, and if someone is not being a responsible animal owner it is appropriate to call the City, and the City will visit the homeowner and, potentially, issue citations if the matter cannot be resolved
through other means.
Of course, anyone can sue anyone over anything. Residents can go to court, acting either individually or in groups (associations), so the associations in FHV can take someone to court. It all boils down to who is
willing to pay to go to court, and whether an individual or association is willing to cause the ill-will and disruption that lawsuits engender.
Note: This article was written in consultation with attorneys, however, we're not pretending to give legal advice, just passing on the best information we have.
We want to know what most concerns you and where you would like us to focus our attention. Please tell us in the survey below, or email us at firstname.lastname@example.org
(Note: covenants are not included because they are unenforceable.)