Comprehensive reference guide to federal and state HOA laws for board members and property managers. Updated regularly. Not legal advice.
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.
Apply to all HOAs nationwide regardless of state
42 U.S.C. § 3601–3631
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
42 U.S.C. § 12101 et seq.; 28 C.F.R. Part 36
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
15 U.S.C. § 1692 et seq.
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
11 U.S.C. § 362; § 523(a)(16)
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
12 U.S.C. § 1708; HUD Mortgagee Letter 2019-01; 24 C.F.R. § 203.41
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
HOA-specific statutes by state — select your state to focus on relevant laws
Ala. Code § 35-20-1 et seq.
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.
Alaska Stat. § 34.07.010 et seq.
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.
Ariz. Rev. Stat. § 33-1801 et seq.
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.
Ark. Code Ann. § 18-13-101 et seq.
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.
Cal. Civ. Code § 4000–6150
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.
Cal. Civ. Code § 5600–5730
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.
Colo. Rev. Stat. § 38-33.3-101 et seq.
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.
Conn. Gen. Stat. § 47-200 et seq.
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.
Del. Code Ann. tit. 25, § 2201 et seq.
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.
Fla. Stat. § 720.301–720.407
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.
Fla. Stat. § 718.101–718.622
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.
O.C.G.A. § 44-3-220 et seq.
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.
Haw. Rev. Stat. § 514B-1 et seq.
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.
Idaho Code § 55-3201 et seq.
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.
765 ILCS 605/1 et seq.
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.
Ind. Code § 32-25.5-1-1 et seq.
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.
Iowa Code § 499B.1 et seq.
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.
Kan. Stat. Ann. § 58-4601 et seq.
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.
Ky. Rev. Stat. Ann. § 381.805 et seq.
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.
La. Rev. Stat. § 9:1141.1 et seq.
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.
Me. Rev. Stat. tit. 33, § 1601-101 et seq.
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.
Md. Code Ann., Real Prop. § 11B-101 et seq.
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.
Mass. Gen. Laws c. 183A, § 1 et seq.
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.
Mich. Comp. Laws § 559.101 et seq.
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.
Minn. Stat. § 515B.1-101 et seq.
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.
Miss. Code Ann. § 89-9-1 et seq.
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.
Mo. Rev. Stat. § 448.1-101 et seq.
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.
Mont. Code Ann. § 70-23-101 et seq.
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.
Neb. Rev. Stat. § 76-825 et seq.
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.
Nev. Rev. Stat. Chapter 116
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.
N.H. Rev. Stat. Ann. § 479-A:1 et seq.
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.
N.J.S.A. 46:8B-1 et seq.
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.
N.M. Stat. Ann. § 47-16-1 et seq.
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.
N.Y. Real Prop. Law § 339-d et seq.
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.
N.C. Gen. Stat. § 47F-1-101 et seq.
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.
N.D. Cent. Code § 47-04.1-01 et seq.
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.
Ohio Rev. Code § 5311.01 et seq.
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.
Okla. Stat. tit. 60, § 851 et seq.
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.
ORS § 94.550 et seq.
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.
68 Pa. Cons. Stat. § 5101 et seq.
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.
R.I. Gen. Laws § 34-36.1-1.01 et seq.
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.
S.C. Code Ann. § 27-30-110 et seq.
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.
S.D. Codified Laws § 43-15A-1 et seq.
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.
Tenn. Code Ann. § 66-27-201 et seq.
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.
Tex. Prop. Code Ann. § 209.001 et seq.
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.
Tex. Prop. Code Ann. § 82.001 et seq.
Chapter 82 is the Texas Uniform Condominium Act governing condominium associations. It covers the creation, governance, financial management, and termination of condominiums in Texas.
Utah Code Ann. § 57-8a-101 et seq.
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.
Vt. Stat. Ann. tit. 27A, § 1-101 et seq.
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.
Va. Code Ann. § 55.1-1800 et seq.
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.
Wash. Rev. Code § 64.38.005 et seq.
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.
W. Va. Code § 36B-1-101 et seq.
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.
Wis. Stat. § 703.01 et seq.
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.
Wyo. Stat. Ann. § 34-36-101 et seq.
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.
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