Free Legal Reference

HOA Laws & Regulations

Comprehensive reference guide to federal and state HOA laws for board members and property managers. Updated regularly. Not legal advice.

5 Federal Laws
53 State Laws
50 States Covered
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Legal Disclaimer: This reference is for informational purposes only and does not constitute legal advice. Laws vary by state and community. Always consult a licensed HOA attorney for guidance on your specific situation.

Federal Laws

Apply to all HOAs nationwide regardless of state

Fair Housing Act

42 U.S.C. § 3601–3631

Fair HousingFederal

The Fair Housing Act prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status, or disability. HOAs are covered as housing providers and must not enforce rules or covenants in a discriminatory manner.

Key Points

  • Prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability.
  • HOAs must grant reasonable accommodations and modifications to residents with disabilities (e.g., allowing a ramp, waiving a no-pet rule for service/assistance animals).
  • Selective enforcement of CC&Rs based on a protected class is a federal fair housing violation.
  • Familial status protection covers households with children under 18; HOAs may not prohibit children from common areas.
Official Source

Americans with Disabilities Act — Reasonable Accommodations

42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 36

Fair HousingFederal

The ADA requires places of public accommodation to be accessible to individuals with disabilities. While private residential HOAs are not directly covered as public accommodations, their common-area facilities open to the public (e.g., a pool rented out for events) may trigger ADA obligations. The FHA’s reasonable accommodation/modification requirements generally govern residential HOA situations.

Key Points

  • HOA common-area amenities operated as public accommodations (open to non-residents) must comply with ADA accessibility standards.
  • Even where ADA Title III does not apply, the Fair Housing Act imposes parallel reasonable-accommodation obligations for residents with disabilities.
  • Reasonable accommodations include rule waivers; reasonable modifications include physical changes at the resident’s expense (unless undue hardship applies).
  • HOAs may require documentation of disability-related need but may not demand a specific diagnosis.
Official Source

Fair Debt Collection Practices Act

15 U.S.C. § 1692 et seq.

FinanceFederal

The FDCPA restricts the tactics that "debt collectors" may use when collecting consumer debts. Third-party collection agencies and some attorneys hired by HOAs to collect delinquent assessments are covered. The Act prohibits harassment, false statements, and unfair practices.

Key Points

  • Third-party collectors retained by HOAs to collect dues are covered "debt collectors" under the FDCPA.
  • Collection agents must send a written validation notice within five days of first contact, giving the debtor 30 days to dispute.
  • Prohibited conduct includes calling before 8 a.m. or after 9 p.m., threatening violence, using obscene language, and making false representations.
  • HOAs that collect their own assessments (first-party collection) are generally not covered, but state laws may impose similar requirements.
Official Source

Bankruptcy Code — Automatic Stay (HOA Assessments)

11 U.S.C. § 362; § 523(a)(16)

FinanceFederal

When a homeowner files for bankruptcy, the automatic stay immediately halts most collection actions, including HOA assessment collection, lien enforcement, and foreclosure proceedings. However, post-petition assessments that become due after the filing date are not dischargeable and continue to accrue.

Key Points

  • The automatic stay under § 362 stops all HOA collection efforts the moment a bankruptcy petition is filed.
  • Continuing to collect, sending demand letters, or proceeding with lien foreclosure after the stay is imposed can expose the HOA to sanctions.
  • HOAs must file a proof of claim in the bankruptcy case to protect their rights to collect pre-petition arrears.
  • Post-petition assessments (those accruing after the bankruptcy filing) are not dischargeable and must be paid even in Chapter 7.
Official Source

FHA Condominium Mortgage Approval Requirements

12 U.S.C. § 1708; HUD Mortgagee Letter 2019-01; 24 C.F.R. § 203.41

FinanceFederal

The Federal Housing Administration requires condominium projects to be approved before individual unit owners can obtain FHA-insured mortgages. Projects must meet financial health, insurance, owner-occupancy, and governance standards. Loss of FHA approval can significantly reduce buyer pools and property values.

Key Points

  • At least 50% of units must be owner-occupied for FHA project approval (with some exceptions for new construction).
  • No single entity (person, investor, or association) may own more than 10% of units in a project with 10+ units.
  • The HOA must maintain adequate reserves — typically at least 10% of the annual budget allocated to reserves.
  • No more than 35% of the total floor area may be used for commercial purposes.
Official Source

State Laws

HOA-specific statutes by state — select your state to focus on relevant laws

ALAlabama

Alabama Homeowners Association Act

Ala. Code § 35-20-1 et seq.

Governance

Alabama enacted its first statewide HOA statute in 2016, providing minimum governance standards for planned communities. The Act covers associations formed on or after January 1, 2016, and addresses board authority, member rights, assessments, and records access.

  • Applies to planned communities of five or more lots created on or after January 1, 2016.
  • Requires annual membership meetings with at least 10 days advance written notice.
  • Members have the right to inspect association records within ten days of a written request.
  • Boards must adopt an annual budget and notify members of assessment increases.
Official Source

AKAlaska

Alaska Unit Ownership Act

Alaska Stat. § 34.07.010 et seq.

Governance

Alaska’s Unit Ownership Act governs condominium and planned unit development associations, addressing governance, common-element management, and member assessments. Alaska also has the Horizontal Property Regimes Act for older developments.

  • Grants unit owners undivided interest in common elements proportional to the value of their unit.
  • Requires annual meetings and mandates quorum requirements for valid association action.
  • Boards may levy special assessments for major capital expenditures with proper member notice.
  • Liens for unpaid assessments must be recorded to be enforceable against third parties.

AZArizona

Arizona Planned Community Act

Ariz. Rev. Stat. § 33-1801 et seq.

Governance

The Arizona Planned Community Act (Title 33, Chapter 16) establishes a comprehensive framework for planned community HOAs. It covers member rights, board powers, open meetings, elections, assessment enforcement, and document access — and has been significantly expanded by legislative amendments over the past decade.

  • HOA meetings (including executive sessions) must comply with open-meeting requirements; members have the right to attend and speak.
  • Boards may not raise assessments more than 20% per year without a member vote, absent emergency circumstances.
  • Members have the right to receive meeting minutes, financial statements, and governing documents within specified timeframes.
  • HOAs may not prohibit or restrict the display of the American flag, political yard signs during election season, or solar energy devices.
Official Source

ARArkansas

Arkansas Property Owners Association Act

Ark. Code Ann. § 18-13-101 et seq.

Governance

Arkansas’s Property Owners Association Act provides a statutory framework for residential community associations, covering governance procedures, assessment liens, member rights, and enforcement authority. The Act supplements and does not supersede an association’s governing documents.

  • Requires written notice of annual meetings delivered at least ten days and no more than sixty days in advance.
  • Members have the right to inspect and copy financial records and meeting minutes.
  • Assessment liens have priority over all other liens except ad valorem tax liens and first mortgage liens.
  • Boards may adopt reasonable rules and regulations enforceable by fine after notice and hearing.

CACalifornia

Davis-Stirling Common Interest Development Act

Cal. Civ. Code § 4000–6150

Governance

The Davis-Stirling Act is California’s comprehensive statute governing all common interest developments, including condominiums, planned developments, and stock cooperatives. Overhauled and reorganized effective January 1, 2014, it is one of the most detailed HOA statutes in the nation, covering everything from pre-sale disclosures to dispute resolution.

  • Governing documents (CC&Rs, bylaws, rules) must be provided to members annually and delivered to new owners at close of escrow.
  • Open meeting requirements apply to all board meetings; members have the right to attend and address the board on agenda items.
  • Boards must annually distribute a budget report, reserve funding summary, and assessment-increase disclosures.
  • Members may request alternative dispute resolution (IDR or ADR) before filing a civil lawsuit against the association.
Official Source

California Common Interest Development Finance Act

Cal. Civ. Code § 5600–5730

Finance

This division of the Davis-Stirling Act specifically governs financial management of California HOAs, including assessment authority, reserve studies, emergency assessments, and collection procedures. It sets strict notice and approval requirements for assessment increases.

  • Regular assessments may be increased up to 20% per year by board action alone; increases above 20% require a member vote.
  • Special assessments exceeding 5% of the annual budget require a member vote (majority approval).
  • Associations must conduct a reserve study at least every three years and update it annually.
  • Reserves must be funded in accordance with the reserve study; boards are not required to fully fund but must disclose the funding level.
Official Source

COColorado

Colorado Common Interest Ownership Act (CCIOA)

Colo. Rev. Stat. § 38-33.3-101 et seq.

Governance

CCIOA is Colorado’s comprehensive common interest community statute, applicable to most HOAs formed after July 1, 1992 (and optionally by older associations). It provides detailed rules on governance, member rights, financial management, and dispute resolution, including the mandatory use of a collections policy before pursuing liens.

  • Executive boards must adopt an annual budget and deliver it to members at least 90 days before the fiscal year end.
  • Members have the right to inspect association records within a reasonable time of making a written request.
  • CCIOA requires HOAs to offer a payment plan to delinquent owners before filing a lien for unpaid assessments.
  • No foreclosure may commence unless the delinquency exceeds six months of assessments or $2,000 (whichever is less).
Official Source

CTConnecticut

Connecticut Common Interest Ownership Act

Conn. Gen. Stat. § 47-200 et seq.

Governance

Connecticut’s CIOA is modeled on the Uniform Common Interest Ownership Act and governs condominiums, planned communities, and cooperatives created after January 1, 1984. It addresses creation, governance, finances, and the rights and obligations of unit owners and associations.

  • Associations must maintain financial records and make them available for inspection by unit owners.
  • Annual meetings are required, with notice given at least 10 but no more than 60 days before the meeting.
  • Budgets must be adopted before the start of each fiscal year; members must be given the opportunity to ratify.
  • Assessment liens have super-priority over first mortgages for up to six months of unpaid assessments.

DEDelaware

Delaware Unit Property Act

Del. Code Ann. tit. 25, § 2201 et seq.

Governance

Delaware’s Unit Property Act governs condominium associations and provides a framework for establishing common-element ownership, association governance, and assessment authority. Delaware planned communities may also be governed by the Homeowners Association Act.

  • Common elements are owned as tenants in common by all unit owners in accordance with the declaration.
  • The association has the authority to levy and collect assessments for maintenance, insurance, and reserves.
  • Lien for unpaid assessments may be foreclosed in the same manner as a mortgage lien.
  • Annual meetings must be held, and members must receive notice at least 10 days in advance.

FLFlorida

Florida Homeowners Association Act

Fla. Stat. § 720.301–720.407

Governance

Chapter 720 governs mandatory-membership planned community HOAs in Florida. It is one of the most prescriptive HOA statutes in the country, detailing member rights, board elections, assessment enforcement, dispute resolution, and financial reporting requirements.

  • HOA elections must use secret ballots and follow detailed procedures; board members serve staggered terms.
  • Members have the right to inspect and copy official records within 10 business days of a written request; failure results in a $50/day penalty.
  • Budgets must be finalized and distributed to members before the start of the fiscal year.
  • Fines and suspensions require 14-day advance notice and the right to a hearing before a committee of non-board members.
Official Source

Florida Condominium Act

Fla. Stat. § 718.101–718.622

Governance

Chapter 718 governs condominium associations in Florida and is among the most detailed condo statutes in the US. It covers unit owner rights, board governance, financial management, elections, and the state’s oversight role through the DBPR Division of Condominiums.

  • Condominium associations must conduct a structural integrity reserve study every 10 years (SB 4-D, 2022) and fund structural reserves beginning 2025.
  • Unit owners have broad inspection rights for official records; associations failing to provide records face statutory damages.
  • Annual meetings require 60-day advance notice for elections; electronic voting is permitted.
  • The DBPR has authority to investigate complaints, conduct audits, and impose fines against non-compliant associations.
Official Source

GAGeorgia

Georgia Property Owners Association Act

O.C.G.A. § 44-3-220 et seq.

Governance

The Georgia POA Act provides a statutory framework for planned community associations that submit to the Act by recording a declaration that expressly incorporates it. It covers governance procedures, assessment liens, enforcement mechanisms, and member rights.

  • An HOA must expressly adopt the Act in its recorded declaration to receive the benefit of its provisions (lien rights, etc.).
  • Members have the right to attend board meetings; executive sessions are limited to specified topics.
  • Assessment liens that comply with the Act’s recording requirements are enforceable and may be foreclosed non-judicially.
  • Fines for covenant violations must be preceded by written notice and an opportunity to be heard.
Official Source

HIHawaii

Hawaii Condominium Property Act

Haw. Rev. Stat. § 514B-1 et seq.

Governance

Hawaii’s comprehensive Condominium Property Act governs the creation, management, and governance of condominium associations throughout the state. The Hawaii Real Estate Commission provides oversight and educational resources for condominium associations.

  • Annual meetings must be held within 6 months after the close of the fiscal year; written notice must be given at least 21 days in advance.
  • Associations must prepare audited or reviewed financial statements annually depending on the number of units.
  • A reserve fund must be maintained; associations must conduct a reserve study every five years.
  • Unit owners may vote by proxy; electronic voting is permitted with appropriate safeguards.

IDIdaho

Idaho Planned Community Act / Unit Owners Association

Idaho Code § 55-3201 et seq.

Governance

Idaho’s planned community and condominium statutes provide governance rules for community associations, including meeting requirements, assessment authority, lien rights, and member inspection rights. Idaho follows many principles of the Uniform Common Interest Ownership Act.

  • Requires annual meetings with reasonable advance notice to all members.
  • Boards may levy assessments for common expenses; unpaid assessments may be collected through a lien on the member’s lot.
  • Members have the right to inspect financial records and meeting minutes within a reasonable time.
  • Governing documents must be recorded and are binding on all current and future owners.

ILIllinois

Illinois Condominium Property Act

765 ILCS 605/1 et seq.

Governance

Illinois’s Condominium Property Act is a comprehensive statute governing condominium associations in the state. It addresses the creation, organization, administration, and sale of condominiums, including detailed rules on elections, financial management, and unit owner rights.

  • Unit owners must receive a condominium disclosure document (22.1 disclosure) at least 30 days before sale.
  • Annual meetings must be held and board positions filled by ballot of unit owners; proxy voting is permitted.
  • Associations must maintain an operating account and a capital reserve account; budgets must be adopted annually.
  • Unit owners have the right to examine association records; requests must be fulfilled within 7 business days.
Official Source

INIndiana

Indiana Homeowners Association Act

Ind. Code § 32-25.5-1-1 et seq.

Governance

Indiana’s HOA Act, effective 2009, provides a baseline framework for planned community associations in the state. It supplements governing documents and sets minimum standards for governance, assessment collection, and member rights.

  • Requires the association to provide members with a copy of the governing documents upon request.
  • Annual meetings must be held; notice must be mailed at least 10 days before the meeting.
  • Boards may not impose a fine unless the association has an established fine schedule and provides written notice and hearing rights.
  • Members have access to financial records, meeting minutes, and other official records.

IAIowa

Iowa Horizontal Property Act / Planned Communities

Iowa Code § 499B.1 et seq.

Governance

Iowa’s Horizontal Property Act governs condominium associations and provides rules for their creation and management. Iowa planned communities are primarily governed by their recorded declarations, subject to general nonprofit corporate law and common law principles.

  • Condominium regimes must be created by a declaration recorded in the county recorder’s office.
  • Unit owners have undivided interest in common elements proportional to the value of their unit.
  • The association may levy assessments; liens for unpaid assessments may be enforced by foreclosure.
  • Annual meetings are required; proxies are permitted.

KSKansas

Kansas Townhouse Ownership Act / HOA Statutes

Kan. Stat. Ann. § 58-4601 et seq.

Governance

Kansas governs community associations primarily through the Townhouse Ownership Act and the Unit Ownership Act, supplemented by general nonprofit corporation law. The statutes address governance, assessment liens, and member rights for both condominiums and planned communities.

  • Recorded CC&Rs and declaration govern the relationship between the HOA and its members.
  • Annual meetings and election procedures must comply with governing documents and state nonprofit law.
  • Assessment liens must be recorded in the real property records to be effective against third parties.
  • Members are entitled to receive copies of the association’s financial records and meeting minutes upon request.

KYKentucky

Kentucky Horizontal Property Law

Ky. Rev. Stat. Ann. § 381.805 et seq.

Governance

Kentucky’s Horizontal Property Law governs condominium associations, while planned communities are governed by their recorded declarations and general law. The statute addresses the creation of condominiums, common element ownership, governance, and assessment authority.

  • Condominium declarations must be recorded and must describe each unit and all common elements.
  • Owners have an undivided interest in common elements and must contribute to their maintenance through assessments.
  • Assessment liens are enforceable and may be foreclosed on the unit owner’s unit.
  • Annual meetings are required; board composition and voting procedures are governed by the declaration and bylaws.

LALouisiana

Louisiana Homeowners Association Act

La. Rev. Stat. § 9:1141.1 et seq.

Governance

Louisiana’s HOA Act applies to residential subdivisions and provides minimum governance standards for mandatory-membership associations. Louisiana is a civil law state, and HOA law is influenced by civil law principles regarding servitudes and obligations.

  • Applies to subdivisions where the HOA is a mandatory-membership organization.
  • Annual meetings must be held with proper notice to all members.
  • Members have the right to inspect records, including financial statements and meeting minutes.
  • Assessments create a privilege (similar to a lien) on the member’s property that must be recorded.

MEMaine

Maine Condominium Act

Me. Rev. Stat. tit. 33, § 1601-101 et seq.

Governance

Maine’s Condominium Act is based on the Uniform Condominium Act and governs the creation and management of condominium associations. It provides a comprehensive framework for governance, assessment collection, and unit owner rights.

  • Condominium must be created by a declaration and plat recorded in the county registry of deeds.
  • Unit owners automatically become members of the association and are subject to its governance documents.
  • Annual meetings are required; boards must be elected by unit owners with one vote per unit.
  • Associations must maintain separate operating and reserve accounts.

MDMaryland

Maryland Homeowners Association Act

Md. Code Ann., Real Prop. § 11B-101 et seq.

Governance

Maryland’s HOA Act applies to mandatory-membership planned communities and provides comprehensive governance standards. It covers member rights, board authority, financial management, dispute resolution, and assessment enforcement, and has been progressively strengthened by legislation.

  • Members have the right to attend open board meetings and to speak at meetings on agenda items.
  • The HOA must provide a resale disclosure packet to buyers before settlement; failure to do so gives the buyer a right to rescind.
  • Assessment liens are subordinate to first mortgage liens but may be foreclosed for unpaid amounts.
  • Boards must adopt a written collections policy and follow it before taking enforcement action.
Official Source

MAMassachusetts

Massachusetts Condominium Act

Mass. Gen. Laws c. 183A, § 1 et seq.

Governance

Chapter 183A governs the creation and administration of condominium associations in Massachusetts. It sets out rights and duties of unit owners, the organization of the trust or association, financial management, and assessment enforcement.

  • Condominiums are governed by a master deed (equivalent to a declaration) and unit deeds recorded at the registry of deeds.
  • The organization of unit owners (often a trust) has authority to levy charges and assessments for common expenses.
  • Annual meetings are required; governance of the trust or association is by a board of trustees or directors.
  • Assessment liens take precedence over all other encumbrances except mortgages recorded prior to the creation of the lien.

MIMichigan

Michigan Condominium Act

Mich. Comp. Laws § 559.101 et seq.

Governance

Michigan’s Condominium Act (Act 59 of 1978) provides the legal framework for condominium projects and associations. It addresses condominium creation, developer obligations, unit owner rights, governance, and assessment enforcement.

  • Developer must provide a disclosure statement to purchasers before closing; there is a nine-day rescission period for first-sale purchasers.
  • Annual meetings are required; unit owners elect co-owners as board members (the Act uses the term "co-owners").
  • The association may levy assessments; assessment liens may be enforced by foreclosure by advertisement (non-judicial).
  • Associations must maintain adequate insurance on the common elements and building.
Official Source

MNMinnesota

Minnesota Common Interest Ownership Act (MCIOA)

Minn. Stat. § 515B.1-101 et seq.

Governance

MCIOA is Minnesota’s comprehensive statute governing condominiums and planned communities created after August 1, 1994. It is based on the Uniform Common Interest Ownership Act and covers governance, member rights, financial management, and dispute resolution.

  • Resale disclosure certificates must be provided to purchasers; the certificate includes information on assessments, pending litigation, and reserves.
  • Boards must adopt an annual budget; members have the right to veto the budget within 60 days of adoption.
  • Assessment liens have super-priority for up to six months of unpaid common expenses over first mortgage liens.
  • Annual meetings are required; electronic notice and voting are permitted.

MSMississippi

Mississippi Homeowners Association Act

Miss. Code Ann. § 89-9-1 et seq.

Governance

Mississippi’s HOA Act (2010) provides a basic framework for planned community associations, addressing governance, assessment authority, member rights, and lien enforcement. Mississippi also has a Condominium Act for condo communities.

  • Annual meetings are required with at least 10 days advance written notice.
  • Members have the right to inspect the association’s books and records during reasonable business hours.
  • Boards may levy assessments; unpaid assessments may be secured by a lien on the member’s property.
  • Fines for rule violations require prior written notice specifying the violation.

MOMissouri

Missouri Horizontal Property Act

Mo. Rev. Stat. § 448.1-101 et seq.

Governance

Missouri’s Uniform Common Interest Ownership Act (adopted 2009, effective 2010) applies to condominiums and planned communities created after August 28, 2010. Earlier communities are governed by their declaration and prior condo statutes.

  • Resale disclosure statements must be provided to purchasers before closing.
  • Annual meetings are required; boards must maintain minutes and financial records.
  • Assessment liens may have limited super-priority depending on when the community was created.
  • Boards may assess for common expenses; special assessments require notice and, in some cases, member approval.

MTMontana

Montana Unit Ownership Act / HOA Governance

Mont. Code Ann. § 70-23-101 et seq.

Governance

Montana’s Unit Ownership Act governs condominium associations. Planned communities are governed by their CC&Rs and the general principles of the Montana Nonprofit Corporation Act. Montana has fewer statutory HOA requirements than most states, leaving much to the governing documents.

  • Condominium declarations must be recorded in the county clerk’s office.
  • Unit owners are members of the association and share ownership of common areas.
  • Annual meetings are required; governance procedures are set by the bylaws.
  • Assessment liens may be filed and enforced against non-paying owners.

NENebraska

Nebraska Condominium Act

Neb. Rev. Stat. § 76-825 et seq.

Governance

Nebraska’s Condominium Act governs the creation and operation of condominium associations. Planned communities are primarily governed by their declarations and general law. The state has limited statutory oversight of HOA governance.

  • Condominiums must be created by a declaration recorded in the county register of deeds.
  • Unit owners have an undivided interest in the common elements and must pay assessments for their upkeep.
  • The board has the authority to adopt operating rules and levy assessments.
  • Assessment liens may be foreclosed by court action.

NVNevada

Nevada Common-Interest Communities Act

Nev. Rev. Stat. Chapter 116

Governance

Nevada’s NRS Chapter 116 is one of the nation’s most comprehensive common-interest community statutes, providing detailed rules for governance, elections, assessment enforcement, financial management, and owner rights. The Nevada Real Estate Division and a Commission for Common-Interest Communities provide oversight and enforcement.

  • Elections must use a secret-ballot process; candidates may not be prohibited from campaigning.
  • The association must maintain a reserve fund and prepare a reserve study; inadequate reserves must be disclosed to prospective buyers.
  • Executive board meetings are open to unit owners; executive sessions are limited to specified topics.
  • Assessment liens may be foreclosed non-judicially after a 60-day notice period.
Official Source

NHNew Hampshire

New Hampshire Condominium Act

N.H. Rev. Stat. Ann. § 479-A:1 et seq.

Governance

New Hampshire’s Condominium Act governs the creation and management of condominium associations. Planned communities are primarily governed by their CC&Rs and nonprofit corporation law. The state has limited statutory oversight of planned-community HOAs.

  • Condominiums are created by recording a declaration and site plan in the county registry of deeds.
  • Unit owners automatically become association members and are subject to assessment obligations.
  • Associations must hold annual meetings and maintain minutes and financial records.
  • Assessment liens may be filed and, if unpaid, foreclosed on the unit owner’s unit.

NJNew Jersey

New Jersey Condominium Act

N.J.S.A. 46:8B-1 et seq.

Governance

New Jersey’s Condominium Act governs condominium associations and provides strong unit-owner protections. New Jersey also has the Planned Real Estate Development Full Disclosure Act (PREDFDA) for planned communities and the Nonprofit Corporation Act for governance.

  • PREDFDA requires developers to file a public offering statement with the NJ DCA before marketing units; purchasers have a 7-day rescission right.
  • Annual meetings must be held within 120 days after the fiscal year end; unit owners elect the board.
  • The association must conduct an audit or financial review annually for communities over 50 units.
  • Assessment liens may be foreclosed in the same manner as mortgage liens.

NMNew Mexico

New Mexico Homeowners Association Act

N.M. Stat. Ann. § 47-16-1 et seq.

Governance

New Mexico’s HOA Act (2013) establishes minimum governance standards for mandatory-membership planned communities. It covers member rights, board authority, meetings, and record-keeping.

  • Applies to mandatory-membership residential associations formed in New Mexico.
  • Annual meetings must be held; members must receive at least 10 days advance written notice.
  • Members have the right to inspect and copy official records within 10 days of a written request.
  • Boards may levy assessments for common expenses; unpaid assessments may result in a lien.

NYNew York

New York Condominium Act

N.Y. Real Prop. Law § 339-d et seq.

Governance

New York’s Condominium Act (Article 9-B of the Real Property Law) governs the creation and management of condominium associations. New York City condos and co-ops face additional regulatory requirements. The Act covers creation, governance, common charges, and unit owner rights.

  • Condominiums are created by recording a declaration and floor plans in the county clerk’s office.
  • Common charges (assessments) may be levied for common expenses; the board sets the annual budget.
  • Assessment liens for unpaid common charges may be foreclosed in a court action.
  • Annual meetings are required; unit owners have one vote per unit unless the declaration specifies otherwise.
Official Source

NCNorth Carolina

North Carolina Planned Community Act

N.C. Gen. Stat. § 47F-1-101 et seq.

Governance

North Carolina’s Planned Community Act (Chapter 47F) provides a comprehensive statutory framework for planned community HOAs. It covers governance, member rights, assessment enforcement, and financial management. The NC Condominium Act (Chapter 47C) governs condo associations.

  • Annual meetings must be held with at least 10 days advance notice; quorum is typically 10% of eligible voters.
  • Members have the right to inspect association records within ten business days of a written request.
  • Budgets must be ratified by members; if rejected, the prior year’s budget continues.
  • Assessment liens are effective upon recording and may be foreclosed non-judicially after proper notice.
Official Source

NDNorth Dakota

North Dakota Condominium Act

N.D. Cent. Code § 47-04.1-01 et seq.

Governance

North Dakota’s Condominium Act governs condominium associations in the state. Planned communities are primarily governed by their governing documents and general nonprofit corporation law. North Dakota has relatively limited statutory HOA oversight.

  • Condominiums are created by recording a declaration in the county register of deeds.
  • Unit owners share ownership of common elements and are obligated to pay assessments.
  • Annual meetings are required; governance procedures follow the bylaws.
  • Assessment liens may be filed and foreclosed against non-paying unit owners.

OHOhio

Ohio Condominium Act

Ohio Rev. Code § 5311.01 et seq.

Governance

Ohio’s Condominium Property Act governs condominium associations and provides rules for governance, common element management, and assessment enforcement. Ohio planned communities are governed by their CC&Rs and the Ohio Nonprofit Corporation Law.

  • Unit owners have undivided interest in common areas and must pay assessments for their maintenance.
  • Annual meetings must be held; the board of managers is elected by unit owners.
  • Assessment liens may be filed and enforced by foreclosure through the courts.
  • The board may adopt rules for the use of common areas and the conduct of unit owners.

OKOklahoma

Oklahoma Residential Property Act

Okla. Stat. tit. 60, § 851 et seq.

Governance

Oklahoma’s residential property statutes govern HOA formation and governance through a combination of planned community rules and nonprofit corporation law. The Oklahoma Condominium Act covers condo associations separately.

  • HOA governing documents must be recorded in the county courthouse to be enforceable against subsequent owners.
  • Annual meetings must be held with reasonable advance notice to all members.
  • Members have the right to inspect financial records and meeting minutes.
  • Boards may levy assessments; unpaid assessments may be secured by a lien on the member’s property.

OROregon

Oregon Planned Community Act

ORS § 94.550 et seq.

Governance

Oregon’s Planned Community Act (ORS Chapter 94) governs planned community associations in Oregon, providing rules for governance, assessment authority, member rights, and dispute resolution. The Oregon Condominium Act (ORS Chapter 100) separately governs condo associations.

  • Planned communities must be created by recording a declaration; the Act applies to communities created after January 1, 1982.
  • Annual meetings must be held within 60 days of the fiscal year end; notice must be given at least 10 days in advance.
  • Members have the right to inspect financial records, meeting minutes, and all other official records.
  • Assessment liens are effective upon recording and may be foreclosed non-judicially.
Official Source

PAPennsylvania

Pennsylvania Uniform Planned Community Act

68 Pa. Cons. Stat. § 5101 et seq.

Governance

Pennsylvania’s Uniform Planned Community Act (UPCA) governs planned community associations created after December 31, 1996. Earlier communities may opt in. It is based on the Uniform Common Interest Ownership Act and provides comprehensive governance, financial, and enforcement rules.

  • Resale disclosure certificates must be provided to purchasers before closing; buyers have a 5-day rescission right.
  • Annual meetings are required; board members are elected by the membership.
  • Assessment liens may have super-priority for up to six months of unpaid assessments over first mortgage liens.
  • Boards must adopt an annual budget; significant special assessments may require a member vote.

RIRhode Island

Rhode Island Condominium Act

R.I. Gen. Laws § 34-36.1-1.01 et seq.

Governance

Rhode Island’s Condominium Act governs condominium associations and is based on the Uniform Condominium Act. Planned communities in Rhode Island are primarily governed by their CC&Rs and general law.

  • Condominiums are created by recording a declaration and plat in the land evidence records of the city or town.
  • Annual meetings must be held and board members elected by unit owners.
  • Assessment liens have super-priority for up to six months of unpaid common expenses over first mortgages.
  • Resale disclosure certificates must be provided to purchasers.

SCSouth Carolina

South Carolina Homeowners Association Act

S.C. Code Ann. § 27-30-110 et seq.

Governance

South Carolina’s HOA Act (2018) provides minimum governance standards for planned community associations, including member rights, board authority, financial transparency, and dispute resolution. It supplements but does not supersede governing documents.

  • Members have the right to inspect association records within ten business days of a written request.
  • Annual meetings must be held; notice must be given at least 48 hours in advance.
  • Boards must adopt a written budget and make financial records available to members.
  • Fines and suspensions require prior written notice and an opportunity to be heard.

SDSouth Dakota

South Dakota Condominium Act

S.D. Codified Laws § 43-15A-1 et seq.

Governance

South Dakota’s Condominium Act governs the creation and management of condominium associations. Planned communities are governed by their CC&Rs and general law; South Dakota has limited statutory HOA oversight for non-condo communities.

  • Condominiums are created by recording a declaration in the county register of deeds.
  • Annual meetings must be held; governance follows the declaration and bylaws.
  • Assessment liens may be filed and foreclosed against non-paying unit owners.
  • Amendments require the approval percentage specified in the declaration.

TNTennessee

Tennessee Homeowners Association Act

Tenn. Code Ann. § 66-27-201 et seq.

Governance

Tennessee’s HOA Act governs mandatory-membership residential associations and provides a framework for governance, member rights, and assessment enforcement. Tennessee also has the Horizontal Property Act for condominium communities.

  • Annual meetings must be held with at least 10 days advance written notice.
  • Members have the right to inspect financial records, meeting minutes, and other association records.
  • Boards may levy and collect assessments; unpaid assessments may result in a lien on the member’s property.
  • Fines for covenant violations require prior written notice of the alleged violation.

TXTexas

Texas Property Owners Association Act (Chapter 209)

Tex. Prop. Code Ann. § 209.001 et seq.

Governance

Chapter 209 is Texas’s primary statute governing residential property owners associations (POAs) for single-family subdivisions. It prescribes detailed rules for governance, elections, assessment enforcement, fines, and member rights, and has been extensively amended in recent legislative sessions.

  • Board meetings are open to members; executive sessions are limited to specified topics; members may record meetings.
  • A new board member must complete approved educational training within 90 days of assuming office.
  • Fines require 30-day notice and an opportunity for an in-person hearing before they are imposed.
  • Foreclosure for unpaid assessments requires a court order (no non-judicial foreclosure for POA dues in Texas).
Official Source

Texas Uniform Condominium Act (Chapter 82)

Tex. Prop. Code Ann. § 82.001 et seq.

Governance

Chapter 82 is the Texas Uniform Condominium Act governing condominium associations. It covers the creation, governance, financial management, and termination of condominiums in Texas.

  • Condominiums are created by recording a declaration in the county property records.
  • Assessment liens may be foreclosed non-judicially after a 30-day notice period.
  • Annual meetings must be held; board members are elected by unit owners.
  • Associations must maintain adequate insurance and a reserve fund.
Official Source

UTUtah

Utah Community Association Act

Utah Code Ann. § 57-8a-101 et seq.

Governance

Utah’s Community Association Act (Chapter 8a) governs planned community associations, providing a comprehensive framework for governance, member rights, assessment enforcement, and financial management. The Utah Condominium Ownership Act (Chapter 8) governs condo associations.

  • Annual meetings must be held; electronic meetings and voting are permitted with proper notice.
  • Members have the right to inspect association records, including financial statements, within 10 days of a written request.
  • Assessment liens may be foreclosed; non-judicial foreclosure is available for assessments over $1,500.
  • Boards may fine members for rule violations after written notice and an opportunity to cure.

VTVermont

Vermont Common Interest Ownership Act

Vt. Stat. Ann. tit. 27A, § 1-101 et seq.

Governance

Vermont’s Common Interest Ownership Act is modeled on the Uniform Common Interest Ownership Act and governs condominiums and planned communities created after July 1, 1998. It provides comprehensive governance and financial management rules.

  • Resale disclosure certificates must be provided to purchasers before closing.
  • Annual meetings are required; boards must be elected by unit owners.
  • Assessment liens have super-priority for up to six months of unpaid assessments over first mortgages.
  • Associations must adopt annual budgets and maintain separate reserve accounts.

VAVirginia

Virginia Property Owners Association Act (POAA)

Va. Code Ann. § 55.1-1800 et seq.

Governance

Virginia’s POAA is a comprehensive statute governing planned community HOAs. It provides detailed rules for governance, member rights, association disclosures, assessment enforcement, and the Common Interest Community Board (CICB) oversight process.

  • Sellers must provide a disclosure packet to buyers; buyers have a right to cancel the contract within three days of receipt.
  • Annual meetings must be held; minutes must be approved and made available to members.
  • Associations must adopt written policies for assessment collection, fines, and records requests.
  • Assessment liens may be enforced by non-judicial foreclosure after proper notice; minimum balance thresholds apply.
Official Source

WAWashington

Washington Homeowners Association Act

Wash. Rev. Code § 64.38.005 et seq.

Governance

Washington’s HOA Act (RCW 64.38) governs planned community HOAs created on or after July 1, 1996. It establishes minimum governance standards and member rights, supplementing governing documents. Washington’s Condo Act (RCW 64.34) governs condominium associations.

  • Annual meetings must be held; notice must be given at least 10 but no more than 60 days in advance.
  • Members have the right to inspect and copy association records; the HOA must respond within 10 business days.
  • Boards may levy assessments for common expenses; unpaid assessments may be secured by a lien.
  • Fines require 60-day prior written notice and an opportunity to cure (the "notice-and-cure" rule).
Official Source

WVWest Virginia

West Virginia Uniform Common Interest Ownership Act

W. Va. Code § 36B-1-101 et seq.

Governance

West Virginia’s UCIOA governs condominiums and planned communities and is based on the Uniform Common Interest Ownership Act. It provides rules for governance, assessment collection, member rights, and common element management.

  • Condominiums and planned communities must be created by a recorded declaration.
  • Annual meetings are required; board members are elected by the membership.
  • Assessment liens may have super-priority for up to six months of unpaid assessments.
  • Members have the right to inspect association records.

WIWisconsin

Wisconsin Condominium Ownership Act

Wis. Stat. § 703.01 et seq.

Governance

Wisconsin’s Condominium Ownership Act governs condominium associations, providing rules for creation, governance, assessment collection, and unit owner rights. Wisconsin planned communities are governed by their CC&Rs and general law.

  • Condominiums are created by recording a declaration and plat in the county register of deeds.
  • Annual meetings must be held; governance follows the declaration and bylaws.
  • Assessment liens may be filed and foreclosed against non-paying unit owners.
  • Amendments to the declaration require approval by at least 75% of unit owners unless otherwise specified.

WYWyoming

Wyoming Homeowners Association Act

Wyo. Stat. Ann. § 34-36-101 et seq.

Governance

Wyoming’s HOA Act provides minimum governance standards for community associations, covering annual meetings, member rights, assessment authority, and record-keeping requirements. Wyoming has relatively limited statutory oversight compared to larger states.

  • Annual meetings must be held with reasonable advance notice to all members.
  • Members have the right to inspect and copy financial records and meeting minutes.
  • Boards may levy assessments for common expenses; unpaid amounts may be secured by a lien.
  • Governing documents must be recorded and are binding on all current and future owners.

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