Good neighbors: are you willing to live in an association-governed community? (Consumer Life).

Covenant police, residential private government, and bullies. These are just a few of the names that homeowner associations have been called. "I've had a few issues with them," says David Doggette, who purchased a townhouse in Laurel, Maryland, almost 10 years ago. "Once, after returning from a business trip, I found a letter requesting that I cut my grass. It wasn't as though the grass was out of control. It was just ready to be cut. They told me I had five days to complete the task or I would be fined $50. There was also an issue with my deck According to the association, not only was the sunburst design in the railing not in conformance with their Convenants, Conditions, and Restrictions (CCRs), but the post toppers were also the wrong size and shape," he says.

The majority of homes built today are in these developed communities. Homeowners associations (HOAs), which are governed by a board of directors, were created to ensure the maintenance of common areas and to ensure that homeowners adhere to the CCRs of the development. By the end of this year, there will be an estimated 249,000 community associations in the U.S. In fact, 6,000 to 8,000 new community associations are formed every year. What should homeowners expect from their neighborhood watch group?

According to the Community Associations Institute (CAI), which currently has 16,000 members and 55 nationwide chapters, HOAs help protect property value, provide affordable ownership opportunities, and meet the need for increased privatization of services. Without an HOA, many homeowners on the East Coast would have been snowed in this past winter.

So, why all the derogative name calling? Because although a 1999 Gallup Survey found that 94% of the 50 million homeowners who live in these housing developments are satisfied with their community, 6% are extremely unhappy with their neighborhood HOA.

Shu Bartholomew, the host of a cable access program that focuses on issues related to HOAs, says they can infringe on the personal rights of residents. "You are not entitled to constitutional protections because you signed a contractual agreement. You may end up living in a place run by people who don't have to protect your rights."

Doggette and his neighbor were written up after his neighbor placed green mulch around the bushes between their homes. "It wasn't in compliance. Then I received another letter telling me it was time to paint the exterior of my home. Some of the rules are good. But some are just plain old nitpicky," he quips.

In Homeowner Associations: A Nightmare or a Dream Come True (Cassie Publications; $29.95), author Joni Greenwalt provides a detailed list of possible restrictive covenants, such as painting exteriors specific colors, keeping garage doors closed except when entering or exiting, installing specific types of fences, and even parking in your driveway. They may also include eliminating clotheslines, birdhouses or feeders, and imposing curfew hours.

Fees, otherwise known as assessment dues, can also be an area of contention. Associations often require homeowners to pay a yearly assessment for expenses incurred in the administration, management, maintenance, and operation of the development. Failure to pay assessments may result in a lien on the property and legal action to collect the past due amount. Some states even mandate a hearing with the homeowner before issuing penalties. And there are horror stories. Last year, 20/20 aired the account of an 82-year-old widow who was evicted from her home, although it was fully paid for, due to the alleged nonpayment of $800 in assessment dues. "The minute your neighbor has the right to do these things, you're in trouble. What you're dealing with is a fourth level of government," Bartholomew says.

The good news is that there are homeowner associations that are friendly and productive. When they do work, they protect the neighborhood from deterioration such as cars on cinder blocks, unit exteriors in states of ill repair, or yards that are not maintained. As with everything, investigate before you sign on.

HOW TO SURVIVE IN AN HOA

* Ask questions before you buy: Find out how residents feel about their association. Evaluate the condition of the subdivision. Look around. Is individuality allowed or does the community look like it was cookie-cutter stamped?

* Read all of the documents: They will spell out the rules and regulations. Greenwalt says when the wording is unclear, it's important to get an attorney's opinion. Is there room to modify the declarations (the recorded restrictions on the deeds) if necessary? Remember, these documents can be legally updated if they seem hostile and inhumane. CAI encourages associations to review their governing documents to ensure they are reasonable and reflect the will of the community. CCRs are not set in concrete, but some will stipulate that modifications cannot be made for as long as 20 years.

* Know your rights: Associations have been accused of abusing their powers and intimidating homeowners. Don't allow yourself to be bullied. Order the American Bar Association's The Complete and Easy Guide to All the Law Ever), Home Owner Should Know (Random House; $13.95) by calling 800-733-3000. If you question any penalties, claims of infringement, or association requests, Bartholomew advises that you ask the association to cite its authority.

* Get involved in the governance of your association: Attend association meetings. Ask to serve on committees. Run for the board.

* Know your state's statutes: There are differences in specific state laws and statutes. "Every state has an act that provides the framework from which community associations function," says Molly Foley-Healy, a CAI attorney. Unfortunately, although the Homeowners Association Bill of Rights and the Colorado Common Interest Ownership Act were created to balance the interests of homeowners and their associations, they have been criticized by some as not having any teeth in their bite.

* Accept responsibility for your actions: Make peace with the fact that you must request approval to make certain modifications or improvements to your home or lot. If you receive a letter citing an infraction, Greenwalt suggests correcting the violation and moving on. If you think the citation is frivolous or unjust, request a meeting with the HOA to present your case. But whatever you do, don't withhold your dues. This will weaken your case if you have to go to court.

* Be prepared to remove board members: If you and your neighbors are fed up with board members who make your life difficult, ascertain the number of signatures required to remove them. Be prepared to replace them and secure proxy votes for those who won't attend the next meeting.

* Find out how your dues are being spent: In some developments, there have been complaints of mismanaged funds. Are the books audited annually by an outside firm? Is there an emergency fund? Also, HOA guardians should be bonded, says Greenwalt.

* Seek mediation before litigation: HOAs have the right to place a lien on your home for nonpayment of assessments and to force the sale of your home to collect on the lien. Greenwalt says community associations should never foreclose on a home without notifying the owners and making a concerted effort to resolve the issue. If you must hire an attorney, hire one who specializes in cases relevant to homeowners and HOAs.