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
Court Reaffirms the Obvious: Condominium Act Trumps a Declaration; Declaration Trumps the By-Laws
The Missouri Court of Appeals was recently presented with a case where the issue was whether the Missouri Condominium Act, the condominium’s declaration or its by-laws controlled a particular matter. The case of The Ventana Owners Association, Inc. v. Ventana KC, LLC,...
Solar Panels Must Come Down Pursuant to Subdivision’s Covenants, Appeals Court Rules
“Let the sun shine,” may have been the tune being hummed by homeowners while first installing a photovoltaic solar array system on various roofs and grounds of their property located within a subdivision. But, the Missouri Court of Appeals subsequently upheld the...
Authority to Contract Limited by Condominium Bylaws
Or, "The Board Could Have Avoided This Litigation by Reading the Bylaws, At Least Once" In the case of Alliance Property Management Ltd. v. Forest Villa of Countryside Condominium Association, the property management company sought to have a contract for management...
For a Hole in Your Case or a Whole New Case
In a case handed down last month, the Missouri Court of Appeals denied an owner of one of three units in a condominium to bring an action against John Beal, Inc. ("Beal"). Beal had contracted with the Raymon Condominium Association to provide brick work on some, but...
