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
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...
The Surprise Partner in Financing Your New Condominium Home: The Condominium Association
With the recent upswing in the housing market after enduring more than five years of the Great Recession, home buyers looking to buy a condominium have more than the size of their down payment and credit score to worry about. The condominium project and its...
Is that Condominium Special Assessment Limited or Common?
The Missouri Court of Appeals recently considered a case, Laurence Epstein, et al. v. Villa Dorado Condominium Association, Inc., involving a group of condominium unit owners (the “Unit Owners”) who sued their condominium association (the “Association”) when the...
Homeowner Associations and Restrictive Covenants
With 100 degree temperatures hitting many parts of the Midwest, residents across the nation are visiting their local subdivision or condominium pool to stay cool. While subdivision and condominium pools are great to have, they typically are managed by a group of...
