For those in the market for new condominiums at one of the many Florida enclaves that are currently under construction or have recently been completed, the various documents and disclosures provided by developers can be a bit confusing and overwhelming. Buyers for such properties need to understand they are agreeing to the stipulations under the […]
Understanding Covenants, Conditions, & Restrictions
Imagine it: you’ve finally found your dream home nestled within a picturesque community. The houses are charming, the streets are lined with trees, and a sense of tranquility fills the air. But before you settle into your new haven, there’s a crucial aspect of community living you need to understand: Covenants, Conditions, & Restrictions (CC&Rs). Read […]
The Nitty Gritty of Your Governing Documents (CA)
An association’s Covenants, Conditions & Restrictions (CC&Rs), Bylaws, and Rules & Regulations are packed with information, some of which is written in dense legalese. Therefore, it’s no wonder homeowners are often overwhelmed by all the information provided. Though each part of the governing documents is important and meant to be thoroughly reviewed, we’re highlighting the […]
Bylaws, CC&Rs and HOA Rules & Regulations
Whether you are a homeowner living in an HOA, a recently elected Board member, or an aspiring Community Manager, it is important to understand the differences between the multiple governing documents, the HOA Bylaws, CC&Rs, and Rules & Regulations, by which an HOA operates. If you are a homeowner, for example, becoming familiar with your […]
Is There a Difference Between a POA, HOA, COA?
Whether you are a first-time home buyer or looking to move, understanding the difference between a POA, HOA, and COA is important. What do these acronyms stand for? The first step is to understand how each one is defined: A POA is a Property Owner’s Association An HOA is a Home Owner’s Association A COA […]
Single Family’ Use Restriction Questioned (FL)
Q: Our board is seeking clarification on the “single family” use restriction stated in our declaration of condominium. The term is not clearly defined in our documents, and we would like guidance on how to interpret this clause when evaluating our potential sales. Read the Q&A………………………………..
Understanding Covenants, Conditions, & Restrictions (TX)
When you buy a property in a planned community or subdivision, you’re not just buying a home; you’re also agreeing to abide by a set of rules known as Covenants, Conditions, and Restrictions (CC&Rs). These are legal obligations that dictate how you can use and enjoy your property. Think of them as the guidelines for […]
Defining Governing Documents for Community Associations
The governing documents for a community association outline the roles of the Board, the responsibilities of homeowners and more to help the association run smoothly. Each document has a specific purpose, and when it comes to the day-to-day activities of your community association, the Board and your association management company look to the documents to […]
Understanding Owner Restrictions on Limited Common Elements: Key Legal Guidance for Illinois Community Associations
In some community associations, a unit owner may wonder whether they can modify a limited common element which the unit owner exclusively uses. An Illinois appellate court has provided an answer to this question. In Claymoor Condominium Association v. Majewska, 2024 IL App (3d) 230171, the court held that a unit owner may not modify […]
Resident opposes Ahwatukee Foothills street regs extension (AZ)
A street fight has emerged in the Foothills Community Association as HOA members vote on board members and an update to its covenants, conditions and regulations. The HOA board and the association’s management company are pushing for homeowners to let the HOA retain its 30-year-old power to regulate what goes on Foothills streets – everything […]
Understanding the Hierarchy of Governing Documents in Condominium Associations and Homeowners Associations
Navigating the complex world of condominium and homeowners associations (HOAs) can be challenging for residents, board members and property managers. One of the critical aspects of managing these associations effectively is understanding the hierarchy of governing documents and how to resolve potential conflicting language. Read the article…………………………….
Navigating HB 59: Homeowners’ Associations Are Now Required to Provide Copies of its Rules & Covenants to Members (FL)
On July 1, 2024, HB 59 became effective. This bill created new requirements for Homeowners’ Associations (“HOA”) to provide copies of certain records to members of the HOA, including the HOA’s declaration of covenants, amendments to the declaration of covenants, and the HOA rules. HOAs, as well as Community Association Managers, must ensure that they […]
Everything You Need to Know About Covenants, Conditions, and Restrictions (TX)
Our experience makes us uniquely qualified to guide you through understanding covenants, conditions, and restrictions (CC&Rs). While necessary for any association, CC&Rs can be complex and misunderstanding them could put your community at risk. As your local HOA management company, we’re always here to help. Check out our comprehensive overview of what CC&Rs are and […]
Understanding HOA Bylaws, Regulations, and CC&Rs (NC)
Homeowners associations have rules and regulations for a reason—primarily to maintain safety and order within the community. If you’re unsure about whether your HOA has the authority to regulate a specific matter, it’s important to review its governing documents and bylaws, as well as state and local laws. For board members, clear and well-structured rules […]
The 9 Most Common HOA Violations and How to Avoid Them
Purchasing a home in an HOA community also means agreeing to follow all of the association’s rules. However, many homeowners still find themselves shocked when they receive a violation. The reality is that even if you read your community’s governing documents, it can be easy to accidentally do something that goes against the rules. So, […]
Common HOA Rules Homeowners “Accidentally” Break
We know rule enforcement is generally a touchy subject for HOA members. It’s the same for the HOA management company, too. No one feels great about issuing violation notices to homeowners. However, there is an important reason these rules exist at all: to protect and preserve property values by making sure that the community is […]
If Over Ten, Time to Amend: When to Update Governing Documents (CA)
The Board of Directors for homeowner associations (“HOAs”) often ask when they should update their governing documents. There are many factors to consider in answering that question, but the general rule of thumb is that HOAs should update their governing documents at least once every ten years for the reasons discussed below. Read the article…………………………….
Why Are Our HOA/Condo Bylaws So Bad? (NC)
Our HOA/condo attorneys are regularly asked to create or amend association bylaws. Before getting into why that is so often necessary, let’s make sure everyone’s on the same page. Here are three governing documents most all associations have (or need to have): Read the article…………………………….
The Importance of Policies and Their Roles in Governing Documents (TX)
The increasing involvement of the Texas Legislature over the last few legislative sessions is forcing property owners associations (“POA”) to consider new approaches to governance. This is brought on by new laws and the unlikelihood of POAs being able to achieve the owner vote requirements to amend their governing documents. As a result, to ensure […]
New Florida Law Requires HOAs to Provide Members with Association Rules and Covenants
Florida Gov. Ron DeSantis recently signed into law House Bill 59 regarding the rules and covenants of homeowners associations. Effective July 1, 2024, House Bill 59 requires HOAs to furnish every member of the association, as well as all future members, with either a physical or digital copy of the association’s rules and covenants. Furthermore, […]
Florida Governor Signs House Bill 59 Into Law
Continuing our report on legislative developments, the Governor recently signed House Bill 59 into law. This bill impacts homeowners associations. Below is our firm’s summary of this bill: This bill adds a new subsection 13 to section 270.303 of the HOA Act entitled “Requirement to Provide Copies of Rules and Covenants.” Read the article…………………………….
Community Association Boards: How Documents Protect or Expose Your Decisions
Community association governing documents offer a framework for board actions, but it’s imperative for boards to carefully follow them to ensure protection and validity of their decisions. Decisions and actions must be supported by the provisions in these documents and other applicable laws. Read the article…………………………….
Regulations and Statutes
Homeowners Associations (HOAs) play a crucial role in maintaining the integrity and value of residential communities across the United States. However, managing an HOA involves navigating a complex web of state and federal regulations, as well as adhering to community bylaws and governing documents. Read the article…………………………….
Governing Document Reviews and Amendments (OH)
It is important for boards to be familiar with and to regularly review their community’s governing documents. The governing documents of a community generally consist of the declaration of covenants and restrictions (often referred to as declarations), the code of regulations/bylaws, the articles of incorporation, and possibly, rules and regulations, and these documents provide the […]
Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations (CA)
For HOAs, implementing universal rules and expectations is part of what helps a community thrive. To structure these, every association has three types of governing documents: Covenants, Conditions & Restrictions (called “CC&Rs”), Bylaws, and Rules & Regulations. Read the article…………………………….
Everything you need to Know about HOA Bylaws, Regulations and CC&Rs
As much as we might not like to admit it at times, homeowners associations have rules and regulations in place for a reason. Mostly, they are for community safety and structure. If you find yourself questioning whether your HOA has the authority to regulate a certain item or action, check its governing documents and bylaws, […]
Video Surveillance Policy for Your HOA
From time to time, homeowners request copies of video surveillance footage. In general, the unwritten policy has been to not provide copies to homeowners. Should we have a written policy? What would it look like? While it’s not necessary for the board to have a written policy when it comes to providing surveillance footage to […]
Why Condo, Cooperative, and HOA Boards Need a Legal Eye on Their Documents
As a board member or property manager for a condominium, cooperative or HOA, you shoulder significant responsibility. You make decisions impacting the finances, safety, and quality of life for a whole community. Your actions are, of course, guided by your entity’s governing documents – but were these documents designed to protect the association and its […]
Understanding Your Condo Association’s Declaration: A Guide for Homeowners
Living in a condominium community comes with numerous benefits, including shared amenities, maintenance services, and a sense of community. However, it also entails certain responsibilities and obligations outlined in the condo association’s declaration. This document serves as the foundation for governance within the community, establishing rules, regulations, and guidelines that all residents must adhere to. […]
What if there are conflicting provisions in a condo or homeowner association’s governing documents? (FL)
In Florida, condominium and homeowners associations are governed by Florida Statutes as well as an association’s declaration of condominium (or declaration of covenants and restrictions in the case of a homeowners association), as well as the association’s articles of incorporation, bylaws, and rules and regulations. Read the article…………………………….
Condominium Owners Should Recognize Their Rights and Understand their Responsibilities (MA)
“I know my rights!” This is a statement association boards hear frequently from owners, usually in response to a board decision, covenant or rule requiring something owners don’t like or prohibiting something they want to do. As it turns out, many owners don’t really know their rights. Read the article………………………………….
Historic bill to repudiate racially restricted deed covenants passes (PA)
The Pennsylvania Senate made history Wednesday by unanimously passing state Rep. Justin Fleming’s legislation (H.B. 1289) that would help rectify the legacy of biased housing practices by making it easier for property owners to repudiate discriminatory deed covenants. Read the article…………………………………..
Common HOA Rules Homeowners Accidentally Break
We know rule enforcement is generally a touchy subject for HOA members. It’s the same for the HOA management company, too. No one feels great about issuing violation notices to homeowners. However, there is an important reason these rules exist at all: to protect and preserve property values by making sure that the community is […]
Understanding Your HOA’s Governing Documents: A Comprehensive Guide
Living in a community governed by a Homeowners’ Association (HOA) comes with many benefits, such as shared amenities and maintenance services. However, it also means adhering to a set of rules and regulations outlined in the HOA’s governing documents. These documents form the foundation of your community’s governance and play a crucial role in shaping […]
2023 Uniform Law Commission Joint Editorial Board for Uniform Real Property Acts Update
The Uniform Law Commission (ULC) provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. Currently, six joint editorial boards are appointed by the ULC in various subject areas. Each of these subject-matter boards are responsible for monitoring new developments and presenting recommendations for relevant […]
Register of Deeds seeks help to catalog racially restrictive covenants (NC)
The Wake County Register of Deeds Office is putting out the call for volunteers to help dive into its archives and uncover historic insights into our community’s past. The historical evidence is hidden within the “restrictive covenants” of perhaps hundreds of properties and homeowner association clauses throughout the county. The new research effort called the […]
Understanding Limited Common Elements (FL)
Limited common elements in Florida condominiums, as defined by the Florida Condominium Act, refer to common elements exclusively reserved for the use of specific units or groups of units, as outlined in the condominium’s declaration. This definition highlights that limited common elements represent a subset of common elements. Examples of what might be designated as […]
Hierarchy of Governing Documents
A POA’s governing documents, also referred to as the dedicatory instruments, are composed of a variety of document types that form the foundations for the operations of the community. While each document is important, each document has a different degree of authority and control over the functions of the association. In this article, we examine […]
Tips for Understanding and Interpreting Your Governing Documents (CO)
If you just got elected to the board or started managing a new community association, the first thing you should do is review your governing documents. Chances are you will be faced with questions, the answers of which are buried in your governing documents. But getting a solid grasp on your documents may seem like […]
The Interplay Between Condo Bylaws And House Rules
Two important documents maintained by a condominium association are its Bylaws and any Rules and Regulations, also known as House Rules. This article will outline the differences between Bylaws and House Rules and how they are important to the successful governance of a condominium building. Read the article………………………..
Civil suit calls Lake Buchanan POA invalid (TX)
The property owners’ association for Donall Estates on Burnet County Road 104 on Lake Buchanan is embroiled in a civil lawsuit that could negatively affect its deed restriction powers. Read the article………………………..