Homeowner Associations
Homeowner Associations
Homeowners associations (HOAs) exist to administer subdivision, condominium and other community-owned residential property, taking over the responsibilities from the real estate developer. Created under a subdivision indenture, declaration of condominium or other recorded instrument, the rights and duties of HOAs are set forth with varying degrees of clarity.
Generally, but not always, HOAs are incorporated and governed by a Board of Directors, a Board of Trustees or a Board of Managers who are elected to make decisions on behalf of the association. These management boards consist of not less than 3 persons elected by the residents on an annual basis to terms of 1, 2 or 3 years.
As an operating entity, each association has bylaws, or indentures, that guide the trustees and residents. HOAs and their Boards are duty-bound to enforce the subdivision indenture, condominium declaration or other instrument fairly and collect and disburse funds in such amounts to provide for the necessities and amenities of the subdivision, condominium or other community-owned property.
Occasionally, a HOA runs afoul of its limitations or fails to enforce or impartially and fairly enforce the subdivision indenture or condo declaration. In such a case, after being notified of a purported situation in violation of its governing documents, the HOA either has to defend itself or make adjustments to its operating procedures. And after notice, if no correction occurs, appropriate action by the owners to enforce the indenture or declaration may be appropriate.
For trustees, homeowners, and property managers, the legal issues surrounding the association can run from traditional real estate questions involving buying or selling property to more complicated questions involving the nonprofit structure or management of the association itself.
Our attorneys work regularly in the areas of law that associations may need to address, including, for example:
- Administrative Law
- Bankruptcy & Collections
- Corporate Law
- Environmental Law
- Landlord/Tenant Law
- Municipal/Zoning Law
- Nonprofit Law
- Public Utilities Law
- Real Estate
Our experienced attorneys regularly represent all types of homeowner associations — condominium, subdivision, villa and road. We look forward to doing so in your situation if the need should so arise.
Additional HOA-related topics:
Homeowner Associations Articles
Liability of Successor-in-Interest for Assessments
The Missouri Court of Appeals recently addressed a condominium declaration's provision that purportedly obligated a successor-in-interest to a unit to remain liable for the prior owner’s unpaid condominium assessments. In that case, the condominium association...
Powers and Responsibility: How a Condominium Association Created a Potential Liability
In 2013, a resident at Homefield Gardens Condominium Association was attacked by another resident’s pit bull. She brought suit against her Condominium Association alleging negligence, among other theories of recovery. Her allegations included that the Condominium...
Parking on Subdivision Streets; Even if Streets are Dedicated to Municipality?
Occasionally the question arises regarding the enforceability of prohibiting truck or commercial vehicle parking within subdivisions. It should be noted that parking either a truck or a commercial vehicle in a closed garage is almost always excluded from the scope of...
Short-Term Condominium Rentals: Time to Double-Check Your Governing Documents
The rising popularity of websites such as Airbnb.com, Roomerama, Sublet.com and multiple other sites has made it attractive to some condominium owners to rent all of, or just a bedroom in, their condominium unit to earn a little extra money. In most of these cases,...
