Lower Merion agrees to do away with an archaic condo rule (PA)

Recently an attorney for Grays Lane House Unit Owners Association reached out to Lower Merion requesting the township approve a change to the condominium’s governing documents.  The change was for the township to remove itself from having to approve any changes to its documents.    Read the article………………………..

Top 10 Important HOA Rules Every Homeowner Should Know

Homeowners associations have an overall objective of maintaining curb appeal and preserving property values. To do this, associations operate the community, which involves responsibilities such as collecting dues, maintaining common areas, and enforcing rules. Homeowners association rules come in a variety of forms. And while no two communities will have the exact same rules, some […]

HOA wants to convert grassy area to artificial turf (NV)

Q: I have a few questions for you and would appreciate your opinion/input on them. I live in Las Vegas in a guard-gated community that has about 200 homes.  Is grass to artificial turf conversion considered a capital expenditure item requiring membership vote?   Read the Q&A……………………………….

How to Interpret Ambiguous HOA Restrictive Covenants (MI)

An ambiguity in an item’s classification can sometimes lead to humorous discussions. For example, the late-night television host Stephen Colbert has asked two Justices of the Supreme Court of the United States whether hotdogs are sandwiches: both Justice Ginsberg and Justice Sotomayor ruled in the affirmative. And in 2006, in a dispute that was not […]

HOA Homefront — Know your governing documents (CA)

Governing documents are critical for HOA communities and are the legal glue holding the association together. Civil Code Section 4150 defines “governing documents” as articles of incorporation, CC&Rs, bylaws, and operating rules, but I think subdivision maps and condominium plans also should be regarded as governing documents.    Read the article………………………..

HOA Docs and Priority: What’s Most Important? (AZ)

The sheer number of documents, rules, and regulations that govern HOAs can be downright overwhelming and confusing for HOA Board members and community homeowners alike! In order to avoid misunderstandings at to which rules or standards apply when, it is important to understand which governing documents take priority for your HOA.  Read the article………………………..

The Governing Documents of an HOA: What Boards and Owners Need to Know

Homeowners associations (HOAs) are a vital part of many neighborhoods as they provide benefits to their residents, including maintaining common areas, enforcing rules and regulations, and ensuring that the neighborhood remains aesthetically pleasing. For an HOA to deliver these benefits, it must have a set of governing documents.  Read the article………………………..

Do CC&Rs Expire?

Your HOAs CC&Rs is one of the most important documents that govern your association. However, it could’ve been written so long ago that its content may not be applicable anymore to the current times. Worse, there is a possibility that your HOAs CC&Rs expire. Let’s talk about that more here.  Read the article………………………..

Racist language persists in housing deeds, but Michigan bill advances making it easier to strike

“The premises covered hereby shall never be occupied by any person or persons other than the Caucasian race and Gentiles only.”  That language is part of 1926 deed for a Manchester Township subdivision, according to Justice InDeed, an organization that maps the prevalence of racist housing covenants across Washtenaw County.    Read the entire article……………………………….

Can an HOA Have Different Rules for Different Members? (CA)

An HOA board may get pushback from members in the association when it comes to rule violations. Members will get a violation letter and they’ll respond back with, “How come I’m getting a violation letter when my neighbor is doing the exact same thing? You’re not treating everyone the same?”   Read the entire article……………………………….

What Are HOA Documents and How Can You Properly Organize Them?

Keeping track of crucial documents can be a nightmare since they can easily get lost or damaged in paper form. HOA documents are no exception. Associations should make every effort to provide the governing documents to new home buyers in an easy-to-use, digital format.  Read the entire article……………………………….

5 Common HOA Rules: Why They’re So Prevalent & Here to Stay

Part of being a resident within a homeowners’ association (HOA) involves fulfilling responsibilities to the community—maintaining your property, paying assessments, and, maybe most importantly, following the rules. While every association is unique and has its own set of guidelines, there are some regulations that are necessary to maintain structure in all communities.  Read the entire article……………………………….

What is the Purpose of the HOA Bylaws?

When you become a member of a homeowners association, you receive a copy of the governing documents. By living in the HOA, you also agree to abide by them, so it’s important to read them and understand what they say. However, these documents often use a lot of jargon and can be difficult to understand. […]

HOA Homefront: What to do about expired and ignored CC&Rs (CA)

Q: I am looking into purchasing a property with three freestanding units and a small amount of common space used as a walking area to get from the street to the units. The selling agent provided the CC&Rs, but the HOA doesn’t exist and has never met for as long as the current owners have […]

HOA, COA, And POA: How to Tell the Difference

When it comes to buying a home, it can be overwhelming! Understanding all aspects of the responsibilities and requirements is critical when your intended new home is part of a more significant community association. Almost 80% of all new homes are part of a community association such as an HOA or COA.   Read the entire […]

A Member’s Guide to Understanding the HOA’s Governing Documents

The governing documents of an association contain the rules, regulations, and other contractual obligations to which members are obligated. When you purchase a home in a governed community association, you instantly become a member.   Read the entire article……………………………….

Know Your Boundaries: A Guide to Understanding Unit Boundaries in an HOA (MN)

We all know that community association living means shared walls and common areas, but how many homeowners truly understand where the boundary lies between their unit and whatever is on the other side? Understanding and knowing where the unit boundaries are and what is and is not part of an owner’s unit is essential to […]

Know Your Boundaries: A Guide to Understanding Unit Boundaries in an HOA (MN)

We all know that community association living means shared walls and common areas, but how many homeowners truly understand where the boundary lies between their unit and whatever is on the other side? Understanding and knowing where the unit boundaries are and what is and is not part of an owner’s unit is essential to […]

10 HOA Rules that Break the Law (FL)

While homeowners’ associations (HOAs) adopt and enforce rules, they are also subject to rules themselves. In fact, there are numerous rules that govern HOA practices at the local, state and federal levels. When adopting and enforcing rules, HOAs need to be very careful to ensure that they are complying with the law—as failure to do […]

Thoughts on Bylaws: Individual Amendments, Bylaws Revisions, and Best Practices on Amending Bylaws (NC)

There are usually three main governing documents that most nonprofit corporations have today—corporate articles, bylaws, and board policy. The corporate articles (or “articles of incorporation” or “corporate charter”) are a legal document filed with the state and should have only statutory requirements, such as name of organization, address, service agent, etc.   Read the entire article……………………………….

Recording Invalid Documents Gets VERY Expensive

Defendant, Leisure World Community Association (“Association”), consists of nearly two dozen single-family platted communities. One of those is the Plat 24 community. “Each community is governed by its Declaration of Covenants, Conditions, and Restrictions (CC&Rs). Plat 24’s original CC&Rs required that at least three-quarters of Plat 24 record owners approve any amendments to the CC&Rs. […]

Record Requests – Even if Lengthy and Difficult to Follow, They Need to Be Produced if Sought for a Proper Purpose

Owner sought records from a Michigan association (the “Association:”). The Association refused to produce records presumably on the grounds that the requests were long, difficult to follow and failed to state a proper purpose. The requests, clarified in the complaint, consisted of the following:  Read the entire article……………………………….

Court Requires More Disclosure For Michigan Condos And HOAs

A Michigan Court of Appeals decision suggests courts will view Michigan owner requests to inspect condominium, homeowner, and community association documents quite broadly and will generally frown on refusing to allow inspections absent very compelling reasons. While some legal questions remain, and cases like this will depend on their specific facts, the trend appears to […]

Laying the Groundwork for the Perfect HOA: Your Governing Documents (UT)

“The Perfect HOA.” What a concept, right? To say the “perfect” anything exists is already a bit of a stretch. (Unless we’re talking about the perfect midnight snack because I think we can all agree that it’s double-stuf Oreos and milk!) So the idea of perfection in something as complex and challenging as a community […]

What’s the Difference Between HOA Bylaws and CC&Rs?

If you buy a home in a planned community, you’ll most likely have to become part of a homeowner association (HOA). An HOA is a legal non-profit entity filed with the state that is responsible for managing and maintaining the assets of the community (i.e., the appearance of the homes and properties as well as […]

Roeland Park reviews options to remove racist language from property records (KS)

Roeland Park city leaders are searching for ways to remove discriminatory language from property-related documents on homes throughout the city.  City Attorney Steve Maurer said initial research done on properties within the city showed racially discriminatory language was found in three types of land related documents: plats, deeds and covenants and restriction agreements created by […]

What are Deed Restrictions and When are They Enforceable (FL)

As a real estate attorney, I’m often approached by clients purchasing a new property that are concerned with deed restrictions. They first want to know what deed restrictions (also known as covenants and restrictions) are, and second, they want to know whether such deed restrictions can be circumvented.   Read the entire article……………………………….

Racial covenants, a relic of the past, are still on the books across the country

Inga Selders, a city council member in a suburb of Kansas City, wanted to know if there were provisions preventing homeowners from legally having backyard chickens. So she combed through deeds in the county recorder’s office for two days looking for specific language.    Read the entire article……………………………….

Limited Common Elements: What Are They and Who Is Responsible? (FL)

Condominiums generally consist of the following two components: 1) the units that are subject to exclusive ownership by one or more persons, and 2) the common elements, which are any areas not included within the unit boundaries. Unit owners, in addition to the exclusive ownership of their units, also own an undivided share in the […]

Are Confidentiality Agreements or Other Restrictive Covenants Enforceable in Florida Real Estate Transactions?

It is a common question whether certain restrictive covenants, such as confidentiality agreements, are enforceable in Florida. A restrictive covenant is a contractual agreement or provision designed to protect a party’s business interests and restricts what a party is allowed to do after the agreement is executed. See Proudfoot Consulting Co. v. Gordon, 576 F.3d […]

Comparative Hardship in Covenant Disputes (MD)

In court, disputes over covenants in HOAs and condos are typically governed by the rules of equity. What this means is that courts are more inclined to consider fairness to the parties and certain outside factors than they otherwise would be in a straight breach-of-contract action. What this does not mean is that the law […]

How to find your HOA rules

Governing documents include CC&Rs, bylaws, Articles of Incorporation, and other rules and regulations made by the community. They are designed to help preserve the development, maintain the homes and facilities, and give members guidance. It’s easier to co-exist peacefully when everyone is clear about expectations.   Read the entire article……………………………….

How to Change HOA CC&R: The Exact Process

Is your HOA considering changing some of its CC&Rs? Are you looking for information on the exact process for amending the HOAs CC&R agreements?  FACT: No HOA could exist without clearly defined covenants, conditions, and restrictions (CC&Rs). The declaration document guides almost every decision and initiative within the community, after all.  But sometimes, various circumstances […]

HOA Rules And Regulations 101

Whether you are just moving into an HOA-run community or have already lived in one for years, it is important for you to get to know your HOA rules and regulations. But, what are these rules anyway? And who decides what rules to make?    Read the entire article……………………………….

HOA Homefront – Why aren’t CC&Rs online? (CA)

Q: In our recent HOA meeting, one question raised was, “Why isn’t our CC&Rs on the HOA’s website?” The answer from our manager was, “Someone could hack into our website and see our CC&R’s.” I find this difficult to believe since the CC&Rs must be recorded with the county recorder’s office and as such, are […]

Uniform Law Commission Amendments to UCIOA and UCA

The Uniform Law Commission approved the work of a drafting committee that was charged with updating the Uniform Common Interest Ownership Act (UCIOA) and the Uniform Condominium Act (UCA) at its 2021 annual meeting in Madison, Wis. This resulted in some significant changes and is part of the evolution of these important laws.   Read the […]

HOAs vs. ADUs (CA)

Accessory dwelling units (ADUs) have become popular during the run up in California real estate values.  ADUs have been touted for several benefits, including increasing housing supply, creating affordable housing options, and supporting multi-generational households.

What are the Homeowners Association’s Governing Documents? (AZ)

Many people are familiar with homeowners associations (HOA) as these kinds of communities make up a majority of neighborhoods in Arizona and have grown in exponential popularity over the past few decades. Yet even with homeowners associations as ubiquitous as ever, many homeowners still aren’t familiar with their community’s governing documents, which can lead to […]

Righting past wrongs: Utah and Connecticut simplify removal of discriminatory covenants

Community associations in Utah and Connecticut can now use a streamlined process to invalidate racially restrictive provisions contained in governing documents or in individual deeds of homes. The recently passed laws are the latest efforts to facilitate removal of discriminatory covenants that left an unfortunate legacy in housing segregation.   Read the entire article……………………………….

How to Avoid Common HOA Violations

Enjoying the benefits of living in an HOA is a two-way street. You must abide by the association’s rules to make the most of your membership. There have been many incidences of residents violating HOA rules without even realizing it! You can avoid these mistakes by being proactive, familiarizing yourself with your association’s governing documents, […]

Laws vs. Bylaws – Understanding the Similarities & Differences

Co-op and condo living is subject to lots of rules—some of which come directly from state laws, some from the building or association’s own bylaws, and some from its house rules. Every state has statutes that govern the operation of residential communities; every community also has its own set of governing documents, which are almost […]