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
Starting Over; Homeowners’ Association Gets a Second Chance
More often than you may think, a subdivision's homeowners' association ("HOA") or condominium owners' association finds that its original charter as a Missouri nonprofit corporation has been revoked by the Missouri Secretary of State (generally for failure to file the...
Amendments to Subdivision Indentures; A Tricky Business of How Far Is Too Far
Quite frequently, the homeowners association ("HOA") of a subdivision will want to amend, remove or add provisions to the governing documents, generally called an indenture, restrictive covenants or covenants and restrictions. Changes can be relatively minor, from...
Does Your Homeowners Association Have the Right to Sue on Your Behalf?
Homeowners associations regularly file lawsuits to protect the interests of their members. These actions are oftentimes met with a challenge that the homeowners association has no right — or standing — to bring these claims, but instead the property owners themselves...
Trust, But Verify: Liabilities of Nonprofit Board of Directors in Missouri
Unpaid directors, officers and volunteers of a Missouri nonprofit corporation enjoy immunity from certain acts other than those that are intentional or reckless. However, that immunity works only with regard to tort liability, not statutory liability that is imposed...
