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
Here’s a Riddle: What Takes More Than a Minute, But Less Than a Minute to Lose?
Why, it's your homeowner's association, condominium or subdivision minutes! Unlike earlier articles we have written about the necessity to memorialize and document actions taken by condominium and subdivision boards and their constituent members, there is an equally...
Homeowner and Condominium Records: An Owner’s Rights to Review
Most active subdivision and condominium associations in Missouri are nonprofit corporations. Those associations are created and empowered, under their respective indentures and declarations, to enforce the covenants, terms and conditions applicable to their...
“Too Late,” Appeals Court Tells Condo Owners Association
The Missouri Court of Appeals has upheld the dismissal of a lawsuit brought by a condominium owners association against its former president on grounds that the claim was untimely and barred by the statute of limitations. Back in 2001, a former president informed the...
Subdivision Can’t Have It Both Ways
A recent decision by the Missouri Court of Appeals addresses the tricky situation where a subdivision, unable to supply an amenity in sufficient quantity and quality to all of the lot owners, makes construction of new homes expressly conditioned on those lot owners...
