HOA & Condominium Law
Community association governance, CC&Rs, assessments, architectural controls, and board duties.
Overview
Homeowners association (HOA) and condominium law governs the creation, operation, and regulation of common interest communities — residential developments in which property owners share common areas and are bound by covenants, conditions, and restrictions (CC&Rs). These private governing documents, recorded against the land, create enforceable obligations including assessment payments, architectural standards, and use restrictions.
Community associations operate as nonprofit corporations or unincorporated associations, governed by boards of directors with fiduciary duties to the membership. The Uniform Common Interest Ownership Act (UCIOA) provides a model statutory framework adopted in several states, while other states have their own condominium acts and planned community statutes. Key governance issues include board elections, meeting requirements, record access, assessment collection, and amendment procedures.
Federal law intersects with HOA governance in several ways. The Fair Housing Act prohibits housing discrimination, including discriminatory rules or enforcement by community associations. The Freedom to Display the American Flag Act of 2005 prevents HOAs from restricting U.S. flag display. The FCC's Over-the-Air Reception Devices (OTARD) rule limits HOA restrictions on satellite dishes and antennas. Assessment collection involves lien priority issues, particularly the 'super lien' statutes in some states giving HOA liens priority over first mortgage liens for a limited amount.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Fair Housing Act | 42 U.S.C. §§ 3601–3631 | Prohibits housing discrimination on the basis of race, color, religion, sex, national origin, disability, and familial status, applicable to HOA rules and enforcement. |
| Freedom to Display the American Flag Act | 4 U.S.C. § 5 | Prohibits condominium and homeowners associations from restricting members' display of the U.S. flag on their property. |
| Uniform Common Interest Ownership Act (UCIOA) | Uniform Law Commission (adopted in several states) | Model act providing a comprehensive framework for the creation, governance, and regulation of condominiums, cooperatives, and planned communities. |
Key Cases
Nahrstedt v. Lakeside Village Condominium Ass'n
8 Cal. 4th 361 (1994)
Established that recorded CC&Rs are presumptively valid and enforceable unless they are arbitrary, violate public policy, or impose burdens that substantially outweigh benefits.
Hidden Harbour Estates, Inc. v. Basso
393 So. 2d 637 (Fla. 4th DCA 1981)
Held that board-adopted rules must be reasonable and within the scope of the association's authority, applying a reasonableness test to rules not found in recorded declarations.
Villa de las Palmas HOA v. Terifaj
33 Cal. 4th 73 (2004)
Held that a pet restriction added by amendment to CC&Rs was enforceable against existing owners, and that existing use could not create a vested right to violate amended restrictions.
SFR Investments Pool 1, LLC v. U.S. Bank
334 P.3d 408 (Nev. 2014)
Held that a Nevada HOA super lien for delinquent assessments is a true lien with priority over a first deed of trust, extinguishing the mortgage upon foreclosure.
Key Regulations
FCC OTARD Rule
Federal Communications Commission (47 CFR § 1.4000)
Prohibits HOA restrictions that impair the installation, maintenance, or use of satellite dishes and antennas for receiving video programming signals.
HUD Fair Housing and Community Associations Guidance
Department of Housing and Urban Development
Federal guidance on application of the Fair Housing Act to community associations, including discriminatory rules, selective enforcement, and reasonable accommodations.
Common Issues
- Assessment delinquency, lien enforcement, and foreclosure
- Architectural review and modification approval disputes
- Board election procedures and proxy voting
- CC&R amendment and enforcement actions
- Discrimination claims under the Fair Housing Act
- Common area maintenance responsibility and insurance
- Owner access to association records and financial documents
- Short-term rental restrictions and enforcement
State Variations
HOA and condominium law is almost entirely state-regulated. Condominium acts exist in all 50 states but vary significantly in scope and protections. Some states (Florida, California, Nevada, Colorado) have extensive HOA statutory frameworks with detailed governance requirements, while others provide minimal regulation. HOA assessment lien priority (super lien) statutes exist in about 20 states. Mandatory dispute resolution requirements (mediation or arbitration before litigation) vary by state. Some states require mandatory HOA registration or annual filings. Solar access statutes in many states limit HOA restrictions on solar panel installation. Short-term rental authority varies — some states preempt local HOA restrictions while others preserve HOA authority.
Resources
Community Associations Institute (CAI)
National organization providing education, resources, and advocacy for community association professionals, board members, and homeowners.
Foundation for Community Association Research
Research organization studying community association governance, best practices, and legislative trends.